Kalima Jenkins, by Her Next Friend Kamau Agyei Carolyn Dawson, by Her Next Friend Richard Dawson Tufanza A. Byrd, by Her Next Friend, Teresa Byrd Derek A. Dydell, by His Next Friend Maurice Dydell Terrance Cason, by His Next Friend, Antoria Cason Jonathan Wiggins, by His Next Friend, Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend, Mary Ward Robert M. Hall, by His Next Friend, Denise Hall Dwayne A. Turrentine, by His Next Friend, Sheila Turrentine Gregory A. Pugh, by His Next Friend, David Winters, on Behalf of Themselves and All Others Similarly Situated, American Federation of Teachers, Local 691 v. State of Missouri John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education Roseann Bentley Dan L. Blackwell Gary D. Cunningham Raymond McCallister Jr. Susan D. Finke Thomas R. Davis Cynthia B. Thompson, Members of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri, School District of Kansas City, Missouri Claude C. Perkins, Superintendent Thereof, Kalima Jenkins, by Her Next Friend, Kamau Agyei Carolyn Dawson, by Her Next Friend Richard Dawson Tufanza A. Byrd, by Her Next Friend Teresa Byrd Derek A. Dydell, by His Next Friend Maurice Dydell Terrance Cason, by His Next Friend Antoria Cason Jonathan Wiggins, by His Next Friend Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend Mary Ward Robert M. Hall, by His Next Friend Denise Hall Dwayne A. Turrentine, by His Next Friend Sheila Turrentine Gregory A. Pugh, by His Next Friend David Winters on Behalf of Themselves and All Others Similarly Situated, American Federation of Teachers, Local 691, Intervenor-Appellee v. State of Missouri John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education Roseann Bentley, Member of the Missouri State Board of Education Raymond McCallister Jr., Member of the Missouri State Board of Education Susan D. Finke, Member of the Missouri State Board of Education Thomas R. Davis, Presiding President, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, Member of the Missouri State Board of Education Rebecca M. Cook, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education, School District of Kansas City, Missouri Walter L. Marks, Superintendent Thereof, Kalima Jenkins, by Her Next Friend, Kamau Agyei Carolyn Dawson, by Her Next Friend Richard Dawson Tufanza A. Byrd, by Her Next Friend Teresa Byrd Derek A. Dydell, by His Next Friend Maurice Dydell Terrance Cason, by His Next Friend Antoria Cason Jonathan Wiggins, by His Next Friend Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend Mary Ward Robert M. Hall, by His Next Friend Denise Hall Dwayne A. Turrentine, by His Next Friend Sheila Turrentine Gregory A. Pugh, by His Next Friend David Winters on Behalf of Themselves and All Others Similarly Situated, American Federation of Teachers, Local 691, Intervenor-Appellee v. State of Missouri John Ashcroft, Governor of the State of Missouri Wendell Bailey, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Raymond McCallister Jr., Reverend, Member of the Missouri State Board of Education Susan D. Finke, Vice-President, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, President, Member of the Missouri State Board of Education Rebecca M. Cook, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education, School District of Kansas City Walter L. Marks, Superintendent Thereof, Kalima Jenkins, by Her Next Friend Kamau Agyei Carolyn Dawson, by Her Next Friend Richard Dawson Tufanza A. Byrd, by Her Next Friend, Teresa Byrd Derek A. Dydell, by His Next Friend Maurice Dydell Terrance Cason, by His Next Friend, Antoria Cason Jonathan Wiggins, by His Next Friend, Rosemary Jacobs Love Kirk Allan Ward, by His Next Friend, Mary Ward Robert M. Hall, by His Next Friend, Denise Hall Dwayne A. Turrentine, by His Next Friend, Sheila Turrentine Gregory A. Pugh, by His Next Friend, David Winters, on Behalf of Themselves and All Others Similarly Situated, American Federation of Teachers, Local 691, Intervenor-Appellee v. State of Missouri Mel Carnahan, Governor of the State of Missouri Bob Holden, Treasurer of the State of Missouri Missouri State Board of Education Peter Herschend, Member of the Missouri State Board of Education Raymond McCallister Jr., Reverend, Member of the Missouri State Board of Education Susan D. Finke, Vice-President, Member of the Missouri State Board of Education Thomas R. Davis, Member of the Missouri State Board of Education Robert E. Bartman, Commissioner of Education of the State of Missouri Gary D. Cunningham, President, Member of the Missouri State Board of Education Rebecca M. Cook, Member of the Missouri State Board of Education Sharon M. Williams, Member of the Missouri State Board of Education Jacquelline Wellington, Member of the Missouri State Board of Education, School District of Kansas City Walter L. Marks, Superintendent Thereof, 19 F.3d 393