United States Ninth Circuit

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Renee v. Duncan, 08-16661

In a challenge to a federal regulation permitting teachers who are participating in alternative-route teacher training programs, but who have not yet obtained full state certification, to be characterized as "highly qualified teachers" under the No Child Left Behind Act (NCLB), the district court's grant of summary judgment to the defendant Secretary of Education is affirmed, where: 1) before the passage of section 163 of the Continuing Appropriations and Surface Transportation Extensions Act of 2011, the challenged regulation violated NCLB; 2) after the passage of section 163 and so long as it is in effect, the challenged regulation is consistent with NCLB; 3) the appeal was not moot; 4) the appellants were not entitled to judicial enforcement of the NCLB reporting requirement; and 5) the appellants were not entitled to attorney's fees based on their success in an earlier proceeding.

Appellate Information

  • Decided 05/10/2012
  • Published 05/10/2012


  • W. Fletcher


  • United States Ninth Circuit


  • For Appellant:
  • John T. Affeldt, Alisa B. Klein

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