Esquivel
Esquivel v. San Francisco Unified School District
Opinion
Opinion
Patel, J.
MEMORANDUM & ORDER
Re: Motion to Dismiss
On November 9, 2007 plaintiff Andrea Esquivel and three other students currently enrolled in the Junior Reserve Officer’s Training Corps (“JROTC”) program and their guardians brought this action against defendants under 42 U.S.C. section 1983 , claiming that the San Francisco Board of Education (the “Board”) violated their First Amendment rights by deciding to terminate the JROTC program after the 2008-09 school year. On March 14, 2008 defendants filed a motion to dismiss. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as follows. BACKGROUND
The JROTC is a leadership program sponsored by the Department of the Army and is offered to public and private high school students throughout the country. Through a series of classes and after-school activities, students acquire an understanding of military science and citizenship, increase leadership skills and physical fitness, and learn an appreciation for national security and the value of the United States Armed Forces. 32 C.F.R. §§ 542.4 , 542.5.
JROTC is run and taught exclusively by active duty or retired members of the United…