United States Ninth Circuit

In a challenge to a Department of Education regulation permitting teachers participating in alternative route programs to be considered "highly qualified" under the No Child Left Behind Act, an order granting summary judgment to the Department is vacated with instructions to dismiss the action where plaintiffs lacked standing to challenge the regulation because they could not show that invalidating the regulation would personally benefit them.

Appellate Information

• Argued 02/11/2009
• Decided 07/23/2009
• Published 07/23/2009

Judges

• Before DOROTHY W. NELSON, WILLIAM A. FLETCHER and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John T. Affeldt and Tara Kini, Public Advocates, Inc., San Francisco, CA, for the plaintiffs-appellants., Lisa A. Davis, Wilson Sonsini Goodrich & Rosati P.C., Palo Alto, CA, for The National Coalition of ESEA Title I Parents, Inc., et al., as amicus curiae., Donald B. Verilli, Jr., Jenner & Block LLP, Washington D.C., for Teach for America, et al., as amicus curiae.


• For Appellees:
  
• Alisa B. Klein, United States Department of Justice, Civil Division, Washington, D.C., for the defendant-appellee.