BREWER v. WEST IRONDEQUOIT CENT. SCHOOL DIST.

Docket No. 99-7186.

212 F.3d 738 (2000)

Laurie A. BREWER, and Jodie Foster, individually and as parents and guardians of Jessica L. Haak, a minor, Plaintiffs-Appellees, v. The WEST IRONDEQUOIT CENTRAL SCHOOL DISTRICT, the Urban-Suburban Interdistrict Transfer Program, Monroe Number One Board of Cooperative Educational Services, Theresa J. Woodson, Gretchen Stephan and Marlene S. Allen, in their individual and official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 11, 2000.


Attorney(s) appearing for the Case

Jeffrey Wicks, Bansbach, Zoghlin, Wicks & Wahl, P.C., Rochester, NY, for Plaintiffs-Appellees.

Kevin S. Cooman, McConville, Considine, Cooman & Morin, P.C., Rochester, NY (Peter J. Weishaar, of counsel), for Defendants-Appellants.

Janell M. Byrd, NAACP Legal Defense and Educational Fund, Inc., Washington, DC (Elaine R. Jones, Theodore M. Shaw, Norman J. Chachkin, Dennis D. Parker, Victor A. Bolden, of counsel, New York, NY) submitted a brief for amicus curiae the NAACP Legal Defense and Educational Fund, Inc. in support of the Defendants-Appellants.

Bill Lann Lee, Acting Assistant Attorney General, United States Department of Justice, Washington, D.C. (Mark L. Gross, Rebecca K. Troth, of counsel) submitted a brief for amicus curiae the United States in support of the Defendants-Appellants.

Eliot Spitzer, Attorney General of the State of New York (Preeta D. Bansal, Solicitor General, Peter H. Schiff, Deputy Solicitor General, Denise A. Hartman, Nancy A. Spiegel, Assistant Attorney Generals, of counsel) submitted a brief for amicus curiae the State of New York in support of the Defendants-Appellants.

Before: MINER, PARKER and STRAUB, Circuit Judges.


Judge PARKER concurs in the majority opinion, and files a separate concurring opinion.

Judge MINER dissents in a separate opinion.

STRAUB, Circuit Judge:

Defendants, the West Irondequoit Central School District ("Irondequoit District"), the Urban-Suburban Interdistrict Transfer Program ("the Program"), Monroe Number One Board of Cooperative Educational Services ("Monroe Board")1

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