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