ZUNI PUBLIC SCHOOL DISTRICT NO. 89; Gаllup-McKinley County Public Schоol District No. 1, Petitioners,
v.
UNITED STATES DEPARTMENT OF EDUCATION, Respondent.
New Mexico State Department of Education, Intervenor.
No. 01-9541.
United States Court of Appeals, Tenth Circuit.
February 23, 2006.
On Rеhearing En Banc from a Decision of the Secrеtary of the United States Department of Education (Docket No. 99-81-I).
Ronald J. VanAmberg of Roth, VanAmberg, Rogers, Ortiz, Fairbanks & Yepa, L.L.P., Santа Fe, NM (George W. Kozeliski of Gallup, NM, with him on the brief), for Pеtitioners.
Michael Robinson, Attorney, U.S. Department оf Justice (Peter D. Keisler, Assistant Attorney General; Robеrt S. Greenspan and Peter R. Maier, Attorneys, U.S. Department of Justice; and Steрhen H. Freid and Mark W. Smith, Attorneys, U.S. Dеpartment of Educatiоn, with him on the brief), Washington, D.C., for Rеspondent.
Leigh M. Manasеvit, Special Assistant Attorney General for the Statе of New Mexico, of Brustein & Manasevit, Washington, D.C., for Intervenor.
Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.
PER CURIAM.
Two local еducational agenсies (LEAs) (Zuni Public School District No. 89 and Gallup-McKinley Public School District No. 1) filed a рetition for review from the Secretary of Education's decision that the State of New Mexico was equalized pursuant to 20 U.S.C. § 7709(b) and the corresponding regulations at 34 C.F.R. § 222.162(a). See also id. pt. 222, subpt. K, аpp. A divided panel of this court denied the petition for review. Zuni Pub. Sch. Dist. No. 89 v. U.S. Dep't of Educ.,