State of CONNECTICUT, General Assembly of the State of Connecticut, Plaintiffs-Appellants,
v.
Arne DUNCAN, in his official capacity as Secretary of Education, Defendant-Appellee,
Connecticut State Conference of the NAACP, Individual Minority Parents and students in CT., Intervenors-Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: September 17, 2009.
Decided: July 13, 2010.
Attorney(s) appearing for the Case
Clare E. Kindall, Assistant Attorney General (Robert J. Deichert, Assistant Attorney General, on the brief), Office of the Attorney General, Hartford, CT, for Appellants.
Alisa B. Klein (Mark B. Stern, on the brief), Appellate Staff, Civil Division, Department of Justice, Washington, D.C. (Kent D. Talbert, General Counsel, Department of Education, Gregory G. Katsas, Assistant Attorney General, and Kevin J. O'Connor, United States Attorney, on the brief), for Defendant-Appellee.
Christopher T. Schulten (Andrew J. Rossman and Sunish Gulati, on the brief), Akin, Gump, Strauss, Hauer & Feld, LLP, New York, N.Y. (L. Rachel Helyar and Maria Ellinikos, Akin, Gump, Strauss, Hauer & Feld, LLP, Los Angeles, CA; John C. Brittain, Lawyers' Committee for Civil Rights Under Law, Washington, D.C.; Angela Ciccolo and Victor Goode, National Association for the Advancement of Colored People, Baltimore, MD; William L. Taylor and Dianne M. Piché, Law Office of William L. Taylor, Washington, D.C.; and James J. Walker, Walker and Associates, Stamford, CT, on the brief), for Intervenors-Defendants-Appellees.
Before B.D. PARKER, STRAUB, and LIVINGSTON, Circuit Judges.
United States Court of Appeals, Second Circuit.
BARRINGTON D. PARKER, Circuit Judge:
The State of Connecticut and the General Assembly of the State of Connecticut (collectively the "State") allege in these proceedings that the Secretary of Education has misinterpreted the meaning of the No Child Left Behind Act ("NCLBA" or "the Act"), 20 U.S.C. §§ 6301-7941, and has violated the Administrative Procedures Act ("APA"), 5 U.S.C. §§ 701-706. The Connecticut State Conference of the National Association...
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