ISSA v. SCHOOL DIST. OF LANCASTER

No. 16-3528.

847 F.3d 121 (2017)

Khadidja ISSA; Q.M.H., a minor, individually by and through his parent, Faisa Ahmed Abdalla; Alembe Dunia; Anyemu Dunia; V.N.L.; Sui Hnem Sung, and All Others Similarly Situated v. The SCHOOL DISTRICT OF LANCASTER, Appellant.

United States Court of Appeals, Third Circuit.

Filed: January 30, 2017.


Attorney(s) appearing for the Case

Sharon M. O'Donnell , Marshall Dennehey Warner Coleman & Goggin, 100 Corporate Center Drive, Suite 201, Camp Hill, PA 17011, Thomas A. Specht [ARGUED], Marshall Dennehey Warner Coleman & Goggin, P.O. Box 3118, Scranton, PA 18505, Counsel for Appellant.

Hedya Aryani , 217 Ryers Avenue, Philadelphia, PA 1012, Seth Kreimer , University of Pennsylvania School of Law, 3400 Chestnut Street, Philadelphia, PA 19104, Maura I. McInerney , Kristina Moon , Education Law Center, 1315 Walnut Street, Suite 400, Philadelphia, PA 19107, Kathleen A. Mullen , Thomas B. Schmidt, III , Pepper Hamilton, 100 Market Street, P.O. Box 1181, Suite 200, Harrisburg, PA 17108, Eric J. Rothschild , 217 Ryers Avenue, Philadelphia, PA 1012, Molly M. Tack-Hooper , American Civil Liberties Union of Pennsylvania, P.O. Box 60173, Philadelphia, PA 19106, Witold J. Walczak [ARGUED], American Civil Liberties Union of Pennsylvania, 313 Atwood Street Pittsburgh, PA 15213, Counsel for Appellees.

Tovah R. Calderon , Erin H. Flynn , United States Department of Justice, Civil Rights Division, Appellate Section, P.O. Box 14403, Ben Franklin Station, Washington, DC 20044, Counsel for Amicus Appellee.

Before: FISHER, KRAUSE and MELLOY, Circuit Judges.


OPINION OF THE COURT

School-age refugees facing language barriers asked the District Court for a preliminary injunction compelling the School District of Lancaster to allow them to transfer from Phoenix Academy, an accelerated credit-recovery high school, to McCaskey High School's International School, a program...

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