UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ____________________

No. 00-51285 ____________________

JEREMY MALISH; MARIA SOLIS, Parent of Erica Solis; JULIA A. PORFIRIO, Parent of Anne N. Porfirio,

Plaintiffs-Appellees,

versus

AUSTIN INDEPENDENT SCHOOL DISTRICT; PASCAL D. FORGIONE, JR., Individually and in his official capacity,

Defendants-Appellants. _________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (A-00-CV-701-JN) _________________________________________________________________

April 9, 2001

Before GARWOOD, HALL,1 and BARKSDALE, Circuit Judges.

PER CURIAM:2

The district court having concluded that the Austin

Independent School District’s ranking policy at issue violated

Texas Education Code Annotated § 51.803(a) (granting automatic

admission to state undergraduate institutions to applicants who

“graduated with a grade point average in the top 10 percent of the

student’s high school graduating class”), and our having determined

1 Circuit Judge of the Ninth Circuit, sitting by designation. 2 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. that the district court did not abuse its discretion in reaching

that conclusion, the contested preliminary injunction is

AFFIRMED.

2