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SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY SCHOOL v. STATE

Nos. 1 CA-CV 99-0549, 1 CA-CV 00-0225.

23 P.3d 103 (2001)

200 Ariz. 108

SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY SCHOOL, a division of the Salt River Pima-Maricopa Indian Community; Akimel O'Otham Pee Posh Charter School; Hotevilla Bacavi Community School; Greyhills Academy High School; Shonto Preparatory School; Tolchii Kooh Charter School, Inc., Plaintiffs-Appellants, v. STATE of Arizona; Jane Dee Hull, Governor of the State of Arizona; Lisa Graham Keegan, Superintendent of Public Instruction of the State of Arizona; Arizona Department of Education, Defendants-Appellees. Thomas Walker, Jr.; Genevieve Walker; Teneil Walker, by and through her next friends Thomas and Genevieve Walker; Justin Walker, by and through his next friends Thomas and Genevieve Walker; Afton Walker, by and through his next friends Thomas and Genevieve Walker; Marlene Sekaquaptewa; Hared Jason Honanwaima, by and through his next friend Marlene Sekaquaptewa; Robert Marlon Kewanimptewa, by and through his next friend Marlene Sekaquaptewa; on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. State of Arizona; Jane Dee Hull, in her official capacity as Governor of the State of Arizona; Lisa Graham Keegan, Superintendent of Public Instruction of the State of Arizona; Arizona Department of Education, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

May 8, 2001.

Attorney(s) appearing for the Case

Osborn Maledon, P.A. by Andrew D. Hurwitz, Helen Perry Grimwood, Phoenix and DNA People's Legal Services, Inc. by Bethany R. Berger, New York and William E. Morris Institute For Justice by Thomas J. Berning, Tucson, Attorneys for Plaintiffs-Appellants.

Janet Napolitano, Attorney General by Lynne C. Adams, Assistant Attorney General, Elliot Talenfeld, Assistant Attorney General, Gretchen O. Schneidau, Assistant Attorney General, Phoenix, Attorneys for Defendants-Appellees.

OPINION

VOSS, Judge

¶ 1 This action challenges the validity of Arizona Revised Statutes ("A.R.S.") section 15-185(D) (Supp.2000), commonly known as the "Deduct Statute." In granting summary judgment to the State of Arizona and the individual defendants (the "state"), the trial court upheld the statute and rejected arguments that it violated the Equal Protection Clauses of the Arizona and United States Constitutions...

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