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BLUNT v. LOWER MERION SCHOOL DIST.

Nos. 11-4200, 11-4201, 11-4315.

767 F.3d 247 (2014)

Amber BLUNT, on behalf of herself and all others similarly situated; Crystal Blunt; Michael Blunt, on their own behalf and on behalf of all others similarly situated; S.H.; W.W.; Eric Allston, on his own behalf and on behalf of all others similarly situated; Lydia Johnson, on her own behalf and on behalf of all others similarly situated; Linda Johnson; Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.; Chantae Hall, and on behalf of all others similarly situated; June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated; Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated; Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated; The Concerned Black Parents of Mainline Inc.; The Mainline Branch of The NAACP v. LOWER MERION SCHOOL DISTRICT; The Lower Merion School Board; Pennsylvania Department of Education Linda Johnson, Lydia Johnson, Carol Durell, Chantae Hall, S.H., Christine Dudley, W.W., Eric Allston, June Coleman, R.C. Lynda Muse, and Q.G., Appellants in No. 11-4200. Amber Blunt, on behalf of herself and all others similarly situated; Crystal Blunt; Michael Blunt, on their own behalf and on behalf of all others similarly situated; S.H.; W.W.; Eric Allston, on his own behalf and on behalf of all others similarly situated; Lydia Johnson, on her own behalf and on behalf of all others similarly situated; Linda Johnson; Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.; Chantae Hall, and on behalf of all others similarly situated; June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated; Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated; Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated; The Concerned Black Parents of Mainline Inc; The Mainline Branch of the NAACP v. Lower Merion School District; The Lower Merion School Board; Pennsylvania Department of Education Amber Blunt, Crystal Blunt, Michael Blunt and Concerned Black Parents of Mainline Inc., Appellants in No. 11-4201. Amber Blunt, on behalf of herself and all others similarly situated; Crystal Blunt; Michael Blunt, on their own behalf and on behalf of all others similarly situated; S.H.; W.W.; Eric Allston, on his own behalf and on behalf of all others similarly situated; Lydia Johnson, on her own behalf and on behalf of all others similarly situated; Linda Johnson; Carol Durrell, on her own behalf and on behalf of her minor daughter S.H.; Chantae Hall, and on behalf of all others similarly situated; June Coleman, on her own behalf and on behalf of her minor son, R.C., and on behalf of all others similarly situated; Lynda Muse, on her own behalf and on behalf of her minor daughter Q.G. and on behalf of all others similarly situated; Christine Dudley, on her own behalf and on behalf of her minor daughter W.W. and on behalf of all others similarly situated; The Concerned Black Parents of Mainline Inc; The Mainline Branch of the NAACP v. Lower Merion School District; The Lower Merion School Board; Pennsylvania Department of Education Lower Merion School District, Appellant in Appellant in No. 11-4315.

United States Court of Appeals, Third Circuit.

Filed: September 12, 2014.

Attorney(s) appearing for the Case

Patrick Castaneda , Matthew A. Goldberg , Carl W. Hittinger , (argued), John D. Huh , Lesli C. Esposito , Nathan P. Heller , DLA Piper, Philadelphia, PA, Attorneys for Appellants Linda Johnson, Lydia Johnson, Carol Durrell, Chantae Hall, S.H., Christine Dudley, W.W., Eric Allston, June Coleman, R.C. Lynda Muse, and Q.G.

Jennifer R. Clarke , (argued), Benjamin D. Geffen , Sonja D. Kerr , Barbara E. Ransom , Public Interest Law Center of Philadelphia, Philadelphia, PA, Judith A. Gran , Reisman, Carolla & Gran, Haddonfield, NJ, Attorneys for Appellants Amber Blunt, Crystal Blunt, Michael Blunt and the Concerned Black Parents of Mainline Inc.

Jenna B. Berman , Michael D. Kristofco , (argued), Wisler Pearlstine, Blue Bell, PA, Attorneys for Appellees Lower Merion School District and Lower Merion School Board.

Amy C. Foerster , Saul Ewing , Harrisburg, PA, M. Abbegael Giunta , Howard G. Hopkirk , (argued), Office of Attorney General of Pennsylvania, Harrisburg, PA, Attorneys for Appellee Pennsylvania Department of Education.

BEFORE: McKEE, Chief Judge, and AMBRO and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

                                     TABLE OF CONTENTS

   I.  INTRODUCTION ...............................................................255

  II.  FACTS AND PROCEDURAL HISTORY ...............................................257

 III.  STATEMENT OF JURISDICTION ..................................................264

  IV.  STANDARD OF REVIEW .......................................................

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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