Nyri Scanlon, by and With Her Guardians, Regina and Charles Birkner v. San Francisco Unified School District California State Board of Education, Nyri Scanlon, by and With Her Guardians, Regina and Charles Birkner v. San Francisco Unified School District Raymond Cortines Joann Miller Tom Ammiano Carlota Del Portello Libby Denebeim Dan Kelly Fred Rodriguez Leland Y. Lee California State Board of Education

69 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nyri SCANLON, by and with her Guardians, Regina and Charles BIRKNER, Plaintiffs--Appellants, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT; California State Board of Education, et al., Defendants--Appellees. Nyri SCANLON, by and with her Guardians, Regina and Charles BIRKNER, Plaintiffs--Appellants, v. SAN FRANCISCO UNIFIED SCHOOL DISTRICT; Raymond Cortines; Joann Miller; Tom Ammiano; Carlota Del Portello; Libby Denebeim; Dan Kelly; Fred Rodriguez; Leland Y. Lee; California State Board of Education, Defendants--Appellees. Nos. 94-15822, 94-16792. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 19, 1995. Decided Oct. 30, 1995. 1 Before: FERGUSON and HAWKINS, Circuit Judges, and NIELSEN * , District Judge. 2 MEMORANDUM ** 3 This case arises out of a dispute between Nyri Scanlon and her guardians, Regina and Charles Birkner, and the San Francisco Unified School District over the proper school…