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PORT WASH. TEACHERS' ASSOCIATION v. BD. OF EDUC. PORT WASH.

Docket No. 06-0708-CV.

478 F.3d 494 (2007)

PORT WASHINGTON TEACHERS' ASSOCIATION, American Federation of Teachers, Local 2938, Nysut, AFL-CIO, Mary Anne Cariello, as President of the Port Washington Teachers' Association, and Michele Weiden, on behalf of themselves and the female students of the Port Washington Union Free School District, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF THE PORT WASHINGTON UNION FREE SCHOOL DISTRICT, Laura Mogul, Nancy V. Cowles, Mark Marcellus, Dean Nardone, Roy Nelson, Robert Seiden, David Strom, as members of the Board of Education of the Port Washington Union Free School District and in their individual capacities and Dr. Geoffrey Gordon, as Superintendent of the Port Washington Union Free School District and in his individual capacity, Defendants-Appellees, Society for Adolescent Medicine, New York State Society for Clinical Social Work, New York State Nurses Association, New York State Association of School Nurses, Association of Reproductive Health Professionals and American Academy of Pediatrics, New York Chapter 2, Movants.

United States Court of Appeals, Second Circuit.

Decided: February 27, 2007.

Attorney(s) appearing for the Case

Sherry B. Bokser (James R. Sandner and Antonio M. Cavallaro, of counsel), New York, NY, for Plaintiffs-Appellants.

Florence Frazer, Ehrlich, Frazer & Feldman, Garden City, NY, for Defendants-Appellees.

Galen Sherwin (Elisabeth Ryden Benjamin, New York Civil Liberties Union Foundation, and Julie Sternberg and Corinne Schiff, ACLU Foundation, of counsel), New York, NY, for Amici Curiae, American Academy of Pediatrics, New York Chapter 2, et al.

Steven W. Fitschen (Douglas P. Henchen, The National Legal Foundation, of counsel), Virginia Beach, VA, for Amicus Curiae The National Legal Foundation.

Before: SACK, SOTOMAYOR, and WESLEY, Circuit Judges.

SACK, Circuit Judge.

On April 1, 2004, the plaintiffs, Port Washington Teachers' Association, American Federation of Teachers, Local 2938, New York State United Teachers, American Federation of Labor-Congress of Industrial Organizations ("PWTA"); Mary Anne Cariello, President of the PWTA; and Michele Weiden, the only social worker in the only high school (the "High School") in the Port Washington Union Free School District (the "District"), brought suit in the United...

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