P.F. BY A.F. v. TAYLOR

No. 17-3266.

914 F.3d 467 (2019)

P.F., a minor, BY A.F., his parent, et al., Plaintiffs-Appellants v. Carolyn Stanford TAYLOR, State Superintendent of Public Instruction, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 22, 2019.


Attorney(s) appearing for the Case

Richard M. Esenberg , Attorney, Brian W. McGrath , Attorney, Charles Joseph Szafir, III , Attorney, Wisconsin Institute for Law & Liberty, Milwaukee, WI, for Plaintiffs-Appellants P.F., a minor, by A.F., his parent, A. F., in his individual capacity, R. W., a minor, by E.W., his parent, E. W., in her individual capacity, S. B., a minor, by N.B., his parent, N. B., in her individual capacity.

Jennifer L. Barwinski , Attorney, Dustin Todd Woehl , Attorney, Kasdorf, Lewis & Swietlik, Milwaukee, WI, for Defendants-Appellees Paris J1 School District, Muskego-Norway School District.

Anthony D. Russomanno , Attorney, Charlotte Gibson , Attorney, Maura Whelan , Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees Carolyn Stanford Taylor, in his official capacity as Wisconsin Superintendent of Public Instruction, State of Wisconsin Department of Public Instruction.

Kevin C. Pollard , Attorney, Joel S. Aziere , Attorney, Buelow Vetter Buikema Olson & Vliet LLC, Waukesha, WI, for Defendant-Appellee Shorewood School District.

Before Sykes and Barrett, Circuit Judges, and Durkin, District Judge.


Under Wisconsin's open-enrollment program, a public-school student can apply to transfer from his resident school district to a nonresident district that has an available space for him. WIS. STAT. § 118.51. The program distinguishes between "regular education and special education spaces." Id. § 118.51(5)(a...

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