Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent, William Capacchione, Individually and on Behalf of Christina Capacchione, a Minor Michael P. Grant Richard Easterling Lawrence Gauvreau Karen Bentley Charles Thompson Scott C. Willard v. The Charlotte-Mecklenburg Board of Education Eric Smith, Superintendent, in His Official Capacity Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, United States of America North Carolina School Boards Association National School Boards Association, Amici Curiae. William Capacchione, Individually and on Behalf of Christina Capacchione, a Minor Michael P. Grant Richard Easterling Lawrence Gauvreau Karen Bentley Charles Thompson Scott C. Willard, and Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent v. The Charlotte-Mecklenburg Boardof Education Eric Smith, Superintendent, in His Official Capacity Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, United States of America North Carolina School Boards Association National School Boards Association, Amici Curiae. William Capacchione, Individually and on Behalf of Christina Capacchione, a Minor Michael P. Grant Richard Easterling Lawrence Gauvreau Karen Bentley Charles Thompson Scott C. Willard, and Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent v. The Charlotte-Mecklenburg Board of Education Eric Smith, Superintendent, in His Official Capacity Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity v. United States of America, Amici Curiae. William Capacchione, Individually and on Behalf of Christina Capacchione, a Minor Michael P. Grant Richard Easterling Lawrence Gauvreau Karen Bentley Charles Thompson Scott C. Willard, and Terry Belk Dwayne Collins, on Behalf of Themselves and the Class They Represent v. The Charlotte-Mecklenburg Boardof Education Eric Smith, Superintendent, in His Official Capacity Arthur Griffin, Chairman of the Charlotte-Mecklenburg School Board, in His Official Capacity, United States of America North Carolina School Boards Association National School Boards Association, Amici Curiae

233 F.3d 232 (4th Cir. 2000)

TERRY BELK; DWAYNE COLLINS, on behalf of themselves and the class they represent, Plaintiffs-Appellants,
WILLIAM CAPACCHIONE, Individually and on behalf of Christina Capacchione, a minor; MICHAEL P. GRANT; RICHARD EASTERLING; LAWRENCE GAUVREAU; KAREN BENTLEY; CHARLES THOMPSON; SCOTT C. WILLARD, Plaintiffs-Appellees,
v.
THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION; ERIC SMITH, Superintendent, in his official capacity; ARTHUR GRIFFIN, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants.
UNITED STATES OF AMERICA; NORTH CAROLINA SCHOOL BOARDS ASSOCIATION; NATIONAL SCHOOL BOARDS ASSOCIATION, Amici Curiae.
WILLIAM CAPACCHIONE, Individually and on behalf of Christina Capacchione, a minor; MICHAEL P. GRANT; RICHARD EASTERLING; LAWRENCE GAUVREAU; KAREN BENTLEY; CHARLES THOMPSON; SCOTT C. WILLARD, Plaintiffs-Appellees,
and
TERRY BELK; DWAYNE COLLINS, on behalf of themselves and the class they represent, Plaintiffs,
v.
THE CHARLOTTE-MECKLENBURG BOARDOF EDUCATION; ERIC SMITH, Superintendent, in his official capacity; ARTHUR GRIFFIN, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants.
UNITED STATES OF AMERICA; NORTH CAROLINA SCHOOL BOARDS ASSOCIATION; NATIONAL SCHOOL BOARDS ASSOCIATION, Amici Curiae.
WILLIAM CAPACCHIONE, Individually and on behalf of Christina Capacchione, a minor; MICHAEL P. GRANT; RICHARD EASTERLING; LAWRENCE GAUVREAU; KAREN BENTLEY; CHARLES THOMPSON; SCOTT C. WILLARD, Plaintiffs-Appellees,
and
TERRY BELK; DWAYNE COLLINS, on behalf of themselves and the class they represent, Plaintiffs,
v.
THE CHARLOTTE-MECKLENBURG BOARD OF EDUCATION; ERIC SMITH, Superintendent, in his official capacity; ARTHUR GRIFFIN, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants.
v.
UNITED STATES OF AMERICA, Amici Curiae.
WILLIAM CAPACCHIONE, Individually and on behalf of Christina Capacchione, a minor; MICHAEL P. GRANT; RICHARD EASTERLING; LAWRENCE GAUVREAU; KAREN BENTLEY; CHARLES THOMPSON; SCOTT C. WILLARD, Plaintiffs-Appellees,
and
TERRY BELK; DWAYNE COLLINS, on behalf of themselves and the class they represent, Plaintiffs,
v.
THE CHARLOTTE-MECKLENBURG BOARDOF EDUCATION; ERIC SMITH, Superintendent, in his official capacity; ARTHUR GRIFFIN, Chairman of the Charlotte-Mecklenburg School Board, in his official capacity, Defendants-Appellants.
UNITED STATES OF AMERICA; NORTH CAROLINA SCHOOL BOARDS ASSOCIATION; NATIONAL SCHOOL BOARDS ASSOCIATION, Amici Curiae.

No. 99-2389 No. 99-2391 No. 00-1098 No. 00-1432.

UNITED STATES COURT OF APPEALS, FOR THE FOURTH CIRCUIT.

Argued: June 7, 2000.
Decided: November 30, 2000.

1

NOTE: THE COURT HAS VACATED THIS OPINION. SEE OPINION AT 269 F.3d 305.