Renee v. Duncan, No. 08-16661

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.

Read Renee v. Duncan, No. 08-16661

Appellate Information

Argued and Submitted February 11, 2009

Filed July 23, 2009

Judges

Opinion by Judge Nelson

Dissent by Judge Fletcher

Counsel

For Appellants:

John T. Affeldt, Public Advocates, Inc., San Francisco, CA

Tara Kini, Public Advocates, Inc., San Francisco, CA

For Appellee:

Alisa B. Klein, United States Department of Justice, Civil Division, Washington, DC