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.
Argued and Submitted February 11, 2009
Filed July 23, 2009
Opinion by Judge Nelson
Dissent by Judge Fletcher
Tara Kini, Public Advocates, Inc., San Francisco, CA