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FLORES v. ARIZONA

Nos. 07-15603, 07-15605.

516 F.3d 1140 (2008)

Miriam FLORES, individually and as a parent of Miriam Flores, minor child; Rosa Rzeslawski, individually and as a parent of Mario Rzeslawski, minor child, Plaintiffs-Appellees, v. State of ARIZONA and the Arizona State Board of Education, and its individual members in their official capacities, Defendants-Appellees, Thomas C. Horne, Superintendent of Public Instruction, Defendant-Appellant, and Speaker of the Arizona House of Representatives and President of the Arizona Senate, Intervenors. Miriam Flores, individually and as a parent of Miriam Flores, minor child; Rosa Rzeslawski, individually and as a parent of Mario Rzeslawski, minor child, Plaintiffs-Appellees, v. Speaker of the Arizona House of Representatives and President of the Arizona Senate, Intervenors-Appellants, and State of Arizona and the Arizona State Board of Education, and its individual members in their official capacities, Thomas C. Home, Superintendent of Public Instruction, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 22, 2008.

Attorney(s) appearing for the Case

David J. Cantelme (argued) and D. Aaron Brown, of Cantelme & Brown, P.L.C., for Intervenors-Appellants Speaker of the Arizona House of Representatives and President of the Arizona Senate.

Eric J. Bistrow (argued), of Burch & Cracchiolo, P.A., for Defendant-Appellant Thomas C. Horne, Superintendent of Public Instruction of the State of Arizona.

Timothy M. Hogan (argued) and Joy E. Herr-Cardillo, of the Arizona Center for Law in the Public Interest, for Plaintiffs-Appellees Miriam Flores et al.

José A. Cáardenas (argued), Lynne C. Adams, David D. Garner, and Kimberly A. Demarchi, of Lewis & Roca LLP, and Terry Goddard, Attorney General of the State of Arizona, Mary O'Grady, Solicitor General of the State of Arizona, and Susan P. Segal, Assistant Attorney General of the State of Arizona, for Defendants-Appellees State of Arizona and Arizona State Board of Education.

John C. Richardson and Shefali Milczarek-Desai, of DeConcini McDonald Yetwin & Lacy, P.C., for amicus curiae Arizona School Boards Association, Tucson Unified School District, Mesa Unified School District, Sunnyside Unified School District, and Phoenix Union High School District:

Before: B. FLETCHER, BERZON, and RAWLINSON, Circuit Judges.

BERZON, Circuit Judge:

On January 24, 2000, the District Court for the District of Arizona ruled that Arizona was violating the Equal Educational Opportunity Act of 1974, 20 U.S.C. §§ 1701 et seq. ("EEOA"), because the state's funding for English language instruction for non-native speakers was "not reasonably calculated to effectively implement the . . . educational theory which" the state had approved. Flores v. Arizona,

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