FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PARENTS INVOLVED IN COMMUNITY  SCHOOLS, a Washington nonprofit corporation, Plaintiff-Counter-Defendant- Appellant, v. SEATTLE SCHOOL DISTRICT, NO. 1, a political subdivision of the State of Washington; JOSEPH OLCHEFSKE, No. 01-35450 in his official capacity as superintendent; BARBARA SCHAAD- D.C. No. CV-00-01205-BJR LAMPHERE, in her official capacity as President of the Board of  Western District Directors of Seattle Public of Washington, Schools; DONALD NEILSON, in his Seattle official capacity as Vice President ORDER of the Board of Directors of Seattle Public Schools; STEVEN BROWN; JAN KUMASAKA; MICHAEL PRESTON; NANCY WALDMAN, in their official capacities as members of the board of Directors, Defendants-Counter-Claimants- Appellees.  On Remand from the United States Supreme Court Filed August 22, 2007

10199 10200 PARENTS v. SEATTLE SCHOOL DIST.

Before: Mary M. Schroeder, Chief Circuit Judge, Harry Pregerson, Alex Kozinski, Andrew J. Kleinfeld, Michael Daly Hawkins, William A. Fletcher, Raymond C. Fisher, Richard C. Tallman, Johnnie B. Rawlinson, Consuelo M. Callahan and Carlos T. Bea, Circuit Judges.

ORDER This case was remanded to us from the United States Supreme Court. See Parents Involved in Community Schools v. Seattle School District No. 1, 127 S. Ct. 2738 (2007). In light of the Supreme Court’s decision, we VACATE our opin- ion in Parents Involved in Community Schools v. Seattle School Dist. No. 1, 426 F.3d 1162 (9th Cir. 2005) (en banc), and REMAND to the district court for further proceedings.

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