CALIFORNIA TEACHERS ASS'N v. STATE BD. OF EDUC.

No. 99-56784.

263 F.3d 888 (2001)

CALIFORNIA TEACHERS ASSOCIATION; Norma Steiner; Irella Perez; Kristin Worthman; Association of Mexican American Educators; California Association for Asian-Pacific Bilingual Education; National Association of Bilingual Educators; Emily Palacio; Association of California School Administrators, Plaintiffs-Appellants, v. STATE BOARD OF EDUCATION, and its members; Yvonne W. Larson; Robert L. Trigg; Timothy C. Draper; Kathryn Dronenberg; Marion Joseph; Megan Kephart; Marion McDowell; Janet Nicholas; Gerti B. Thomas; Marina Tse; Delaine Eastin, in her official capacity as the State Superintendent of Public Instruction, Defendants-Appellees, Ron Unz; Sarina Frias; Sylvia Nmi Martinez; Angelina Morfin; Center For Equal Opportunity, Defendants-Intervenors-Appellees,

United States Court of Appeals, Ninth Circuit.

Filed August 29, 2001.

Amended November 21, 2001.


Attorney(s) appearing for the Case

Jeremiah A. Collins, Bredhoff & Kaiser, Washington, D.C., for the Plaintiffs-Appellants.

Donald P. Cole, Deputy Attorney General, San Francisco, California, for the Defendants-Appellees.

Eric Grant, Pacific Legal Foundation, Sacramento, California, for Defendants-Intervenors-Appellees.

Before: Robert BOOCHEVER, A. Wallace TASHIMA, and Richard C. TALLMAN, Circuit Judges.


Argued and Submitted October 10, 2000 — Pasadena, California

Opinion by Judge BOOCHEVER; Dissent by Judge TASHIMA.

BOOCHEVER, Circuit Judge:

Proposition 227, a California ballot initiative entitled "English Language in Public Schools," codified at California Education Code §§ 300-340, restricts the use of languages other than English by educators in public schools. The enforcement provision, section 320, allows aggrieved parents to...

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