COPE v. KANSAS STATE BD. OF EDUC.

No. 14-3280.

821 F.3d 1215 (2016)

COPE, a/k/a Citizens for Objective Public Education, Inc.; Carl Reimer; Mary Angela Reimer; B.R., a Minor, by and through her parents Carl and Mary Angela Reimer as Next Friends; H.R., a Minor, by and through her parents Carl and Mary Angela Reimer as Next Friends; B.R., a Minor, by and through his parents Carl and Mary Angela Reimer as Next Friends; N.R., a Minor, by and through her parents Carl and Mary Angela Reimer as Next Friends; Sandra Nelson; J.N., a Minor, by and through his parent Sandra Nelson as Next Friend; Lee Morss; Toni Morss; L.M., a Minor, by and through her parents Lee and Toni Morss as Next Friends; R.M., a Minor, by and through his parents Lee and Toni Morss as Next Friends; A.M., a Minor, by and through his parents Lee and Toni Morss as Next Friends; Mark Redden; Angela Redden; M.R., a Minor, by and through his parents Mark Redden and Angela Redden as Next Friends; Burke Pelton; Kelcee Pelton; B.P., a Minor, by and through her parents Burke Pelton and Kelcee Pelton as Next Friends; L.P., a Minor, by and through her parents Burke Pelton and Kelcee Pelton as Next Friends; K.P., a Minor, by and through her parents Burke Pelton and Kelcee Pelton as Next Friends; Michael Leiby; Bre Ann Leiby; E.L., a Minor, by and through his parents Michael Leiby and Bre Ann Leiby as Next Friends; P.L., a Minor, by and through his parents Michael Leiby and Bre Ann Leiby as Next Friends; Z.L., a Minor, by and through his parents Michael Leiby and Bre Ann Leiby as Next Friends; Jason Pelton; Robin Pelton; C.P., a Minor, by and through her parents Jason Pelton and Robin Pelton as Next Friends; S.P., a Minor, by and through his parents Jason Pelton and Robin Pelton as Next Friends; S.P., a Minor, by and through her parents Jason Pelton and Robin Pelton as Next Friends; C.P., a Minor, by and through her parents Jason Pelton and Robin Pelton as Next Friends; Carl Walston; Marisel Walston; H.W., a Minor, by and through his parents Carl Walston and Marisel Walston as Next Friends; David Prather; Victoria Prather, Plaintiffs-Appellants, v. KANSAS STATE BOARD OF EDUCATION; Janet Waugh, Member of the Kansas State Board of Education, in her official capacity only; Steve Roberts, Member of the Kansas State Board of Education, in his official capacity only; John W. Bacon, Member of the Kansas State Board of Education, in his official capacity only; Carolyn L. Wims-Campbell, Member of the Kansas State Board of Education, in her official capacity only; Sally Cauble, Member of the Kansas State Board of Education, in her official capacity only; Deena Horst, Member of the Kansas State Board of Education, in her official capacity only; Kenneth Willard, Member of the Kansas State Board of Education, in his official capacity only; Kathy Busch, Member of the Kansas State Board of Education, in her official capacity only; Jana Shaver, Member of the Kansas State Board of Education, in her official capacity only; Jim McNiece, Member of the Kansas State Board of Education, in his official capacity only; Kansas State Department of Education; Brad Neuenswander, Acting Commissioner of the Kansas State Department of Education, in his official capacity only, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 19, 2016.


Attorney(s) appearing for the Case

John H. Calvert , Calvert Law Firm, Kansas City, MO, ( Michelle W. Burns , Kellie K. Warren , and Douglas J. Patterson , Property Law Firm, Leawood, KS; Kevin Trent Snider , Pacific Justice Institute, Sacramento, CA, on the briefs), for Plaintiffs-Appellants.

Dwight Carswell , Office of the Attorney General for the State of Kansas, Topeka, KS, ( Jeffrey A. Chanay , Cheryl L. Whelan , and Stephen Phillips , Office of the Attorney General for the State of Kansas, Topeka, KS; Richard Scott Gordon , Kansas State Department of Education, Topeka, KS, on the briefs), for Defendants-Appellees.

Before LUCERO, MATHESON, and PHILLIPS, Circuit Judges.


In 2013, the Kansas Board of Education (the "Board") adopted curriculum standards establishing performance expectations for science instruction in kindergarten through twelfth grade. Appellants — Citizens for Objective Public Education, Kansas parents, and school children (collectively, "COPE") — contend that...

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