CALIFORNIA PARENTS v. TORLAKSON

No. 19-15607.

973 F.3d 1010 (2020)

CALIFORNIA PARENTS FOR THE EQUALIZATION OF EDUCATIONAL MATERIALS; Arvind Raghavan, individually and as Parent and Next Friend of M.R. and N.R.; Vishnukumar Thumati, individually and as Parent and Next Friend of P.T. and N.T.; Shailesh Shilwant, individually and as Parent And Next Friend of P.S. and P.S.S., Plaintiffs-appellants, v. Tom TORLAKSON, in his official capacity as State Superintendent of Public Instruction and Director of Education for the California Department of Education; Tom Adams, in his official capacity as Deputy Superintendent of the Instruction and Learning Support Branch of the California Department of Education; Stephanie Gregson, in her official capacity as Director of the Curriculum Frameworks and Instructional Resources Division of the California Department of Education; Michael Kirst; Ilene Straus; Sue Burr; Bruce Holaday; Feliza I. Ortiz-Licon; Patricia Ann Rucker; Nicolasa Sandoval; Ting L. Sun; Trish Boyd Williams, each in their official capacity as a Member of the California State Board of Education; Myong Leigh, in his official capacity as Interim Superintendent of the San Francisco Unified School District; Shamann Walton; Hydra Mendoza-McDonnell; Stevon Cook; Matt Haney; Emily M. Murase; Rachel Norton; Mark Sanchez, each in their official capacity as a Member of the San Francisco Unified School District; Rick Schmitt, in his official capacity as Superintendent of the San Ramon Valley Unified School District; Mark Jewett; Ken Mintz; Rachel Hurd; Denise Jennison; Greg Marvel, each in their official capacity as a Member of the San Ramon Valley Unified School District Board of Education; Wendy Gudalewicz, in her official capacity as Superintendent of the Cupertino Union School District; Anjali Kausar; Liang Chao; Kristen Lyn; Soma McCandless; Phyllis Vogel, each in their official capacity as a Member of the Cupertino Union School District Board of Education; Cheryl Jordan, in her official capacity as Superintendent of the Milpitas Unified School District; Daniel Bobay; Danny Lau; Chris Norwood; Hon Lien; Robert Jung, each in their official capacity as a Member of the Milpitas Unified School District Board of Education, Defendants-appellees, Regents of the University of California, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2020.


Attorney(s) appearing for the Case

Glenn Katon (argued), Katon Law, Oakland, California, for Plaintiffs-Appellants.

Thomas H. Prouty (argued), Deputy General Counsel; Todd M. Smith , Assistant General Counsel; Keith Yamanaka , General Counsel; California Department of Education, Sacramento, California; for Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, and Mary M. Schroeder and Daniel A. Bress, Circuit Judges.


OPINION

Parents of Hindu children in the California public schools filed suit against the State Department of Education and State Board of Education claiming discrimination against the Hindu religion in the content of the History-Social Science Standards and Framework for sixth and seventh graders. Appellants...

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