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Cook v. Bennett

United States Court of Appeals, Eleventh Circuit

July 7, 2015

KIM COOK, BETHANN BROOKS, EMILY JEFFERIS, CATHY MCCONNELL, SHAUNA PAEDAE, JANINE PLAVAC, CATHERINE BOEHME, ALACHUA COUNTY EDUCATION ASSOCIATION, HERNANDO CLASSROOM TEACHERS ASSOCIATION, ESCAMBIA EDUCATION ASSOCIATION, Plaintiffs - Appellants,
v.
TONY BENNETT, etc., Defendant, GARY CHARTRAND, In his official capacity as member of the Florida State Board of Education, ADA G. ARMAS, In her official capacity as member of the Florida State Board of Education, SALLY BRADSHAW, In her official capacity as member of the Florida State Board of Education, JOHN A. COLON, In his official capacity as member of the Florida State Board of Education, BARBARA S. FEINGOLD, In her official capacity as member of the Florida State Board of Education, School Board of Hernando County, Pam Stewart, John R. Padget Kathleen Shanahan, et al., Defendants - Appellees

Appeal from the United States District Court for the Northern District of Florida. D.C. Docket No. 1:13-cv-00072-MW-GRJ.

For Kim Cook, Bethann Brooks, Emily Jefferis, Cathy Mcconnell, Shauna Paedae, Janine Plavac, Catherine Boehme, Alachua County Education Association, Hernando Classroom Teachers Association, Escambia Education Association, Plaintiffs - Appellants: Alice O'Brien, Lisa M. Powell, National Education Association, Office of General Counsel, Washington, DC; Pamela L. Cooper, Florida Education Assoc., Tallahassee, FL; ; Lynn C. Hearn, Ronald G. Meyer, Meyer Brooks Demma & Blohm, PA, Tallahassee, FL; Warren Gary Kohlman, John Miller West, Bredhoff & Kaiser, PLLC, Washington, DC.

For GARY CHARTRAND, In his official capacity as member of the Florida State Board of Education, ADA G. ARMAS, In her official capacity as member of the Florida State Board of Education, SALLY BRADSHAW, In her official capacity as member of the Florida State Board of Education, JOHN A. COLON, In his official capacity as member of the Florida State Board of Education, BARBARA S. FEINGOLD, In her official capacity as member of the Florida State Board of Education, Defendants - Appellees: Matthew Joseph Carson, Florida Department of Education, Tallahassee, FL; Jonathan Alan Glogau, Rachel E. Nordby, Allen C. Winsor, Attorney General's Office, Tallahassee, FL.

For School Board of Hernando County, Defendant - Appellee: Lisa J. Augspurger, Bush & Augspurger, PA, Orlando, FL; Audra Bryant, Bush & Augspurger, PA, Tallahassee, FL.

For Pam Stewart, John R. Padget, Kathleen Shanahan, Defendants - Appellees: Matthew Joseph Carson, Florida Department of Education, Tallahassee, FL.

For School Board of Alachua County, Defendant - Appellee: David McKinnon Delaney, Jamie Lynn White, Dell Graham, PA, Gainesville, FL.

For TONY BENNETT, In his official capacity as Florida Commissioner of Education, Defendant - Appellee: Jonathan Alan Glogau, Rachel E. Nordby, Allen C. Winsor, Attorney General's Office, Tallahassee, FL.

For School Board of Escambia County, Florida, Defendant - Appellee: Donna Waters, School Board of Escambia County Florida, General Counsel, Pensacola, FL.

For Florida Association of School Administrators, Inc., Florida School Boards Association, Inc., Amicus Curiaes: Alan E. Schoenfeld, Wilmer Cutler Pickering Hale & Dorr, LLP, New York, NY.

For Education Law And Educational Measurement Professors, Amicus Curiae: Scott Robert Bauries, University of Kentucky College of Law, Canton, GA; Cheryl Barnes Legare, Legare, Attwood & Wolfe, LLC, Atlanta, GA; Brian J. Sutherland, The Buckley Law Firm, LLC, Atlanta, GA.

Before ED CARNES, Chief Judge, JILL PRYOR, and HIGGINBOTHAM,[*] Circuit Judges.

OPINION

JILL PRYOR, Circuit Judge:

Florida public school teachers challenged Florida's Student Success Act, as well as the Florida State Board of Education's and three school districts' implementation of the Act, alleging that the Act resulted in teacher evaluation policies that violated the teachers' rights to due process and equal protection under the Fourteenth Amendment. ...


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