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NEWARK PARENTS ASS'N v. NEWARK PUBLIC SCHOOLS

No. 07-4002.

547 F.3d 199 (2008)

NEWARK PARENTS ASSOCIATION; Alberta Green; Habibullah Saleem; Andrea Smith, Appellants v. NEWARK PUBLIC SCHOOLS; Marion A. Bolden, Superintendent, Newark Public Schools, in her individual and official capacities; Janet Chavis, Supervisor, Title 1 Office, Newark Public Schools, in her individual and official capacities; Joann Trotman, Supervisor, Title 1 Office, Newark Public Schools, in her individual and official capacities.

United States Court of Appeals, Third Circuit.

Opinion Filed: November 20, 2008.

Attorney(s) appearing for the Case

Scott M. Michelman, Esq., (Argued), American Civil Liberties Union, Santa Cruz, CA, Emily, B. Goldberg, Esq., Seton Hall Law School, Newark, NJ, for Appellants.

Adam S. Herman, Esq., (Argued), Newark Public Schools, Office of General Counsel, Newark, NJ, for Appellees.

Before: BARRY, AMBRO and JORDAN, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

Appellants are a putative class of parents of children enrolled in the public elementary and middle schools of Newark, New Jersey, and an organization that represents them. They brought suit against appellees, Newark's public school system and various school administrators, under the No Child Left Behind Act ("NCLBA" or the "Act"), 20 U.S.C. § 6301 et seq., and 42 U.S.C. § 1983. The complaint alleges...

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