ASS'N OF MEXICAN-AMERICAN EDUCATORS v. STATE OF CAL.

Nos. 96-17131, 97-15422.

183 F.3d 1055 (1999)

THE ASSOCIATION OF MEXICAN-AMERICAN EDUCATORS ("AMAE"); California Association For Asian-Pacific Bilingual Education ("CAFABE"), on behalf of themselves, their members, and all others similarly situated; Oakland Alliance of Black Educators ("OABE"), on behalf of themselves, their members, and all others similarly situated; Sara MacNeil Boyd; Sam Genis; Toua Yang; Bob Williams; Marta Leclaire; Antoinette Williams; Diana Kwan and Agnes Haynes, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants-Cross-Appellees, v. STATE OF CALIFORNIA; The California Commission on Teacher Credentialing, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 1999.


Attorney(s) appearing for the Case

John T. Affeldt, Public Advocates, Inc., San Francisco, California, for plaintiffs-appellants-cross-appellees The Association of Mexican-American Educators, et al.

Stephanie Wald (briefed), Deputy Attorney General, San Francisco, California, for defendants-appellees-cross-appellants The State of California and The California Commission On Teacher Credentialing.

R. Lawrence Ashe, Jr. and Nancy Rafuse (briefed), Paul, Hastings, Janofsky & Walker, Atlanta, Georgia, for defendants-appellees-cross-appellants The State of California and The California Commission On Teacher Credentialing.

Peter Roos (briefed), META, Inc., San Francisco, California, for amicus California Association for Bilinguak Education, Educational coalition of Hispanics in Oakland and Chicano Federation of San Diego County, Inc.

Paul J. Dostart (briefed), Dostart, Clapp, Sterrett & Coveney, San Diego California, for amicus California State PTA.

Stewart Weinberg (briefed), Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for amicus California Federation of Teachers.

Martin Bienstock (briefed), United States Attorney General's Office, New York, New York, for amicus The New York State Education Department, The Alabama State Department, and The States of Oregon and Nevada.

John L. Bukey (briefed), West Sacramento, California for amicus Education Legal Alliance.

Before: BOOCHEVER and KLEINFELD, Circuit Judges, and WILSON, District Judge.


WILSON, District Judge:

Plaintiff class of minority educators appeals the District Court's finding that the Defendant California Commission on Teacher Credentialing's CBEST exam did not violate Title VI or Title VII of the 1964 Civil Rights Act ("Plaintiffs' Appeal"). Defendants cross-appeal the District Court's earlier finding on summary judgment that Title VI and Title VII apply to California's credentialing of public school teachers, and appeal the District Court...

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