Record returned to U.S.C.A. for the Tenth Circuit.

JUDGMENT ISSUED.

Rehearing DENIED. (orders list)

DISTRIBUTED for Conference of May 31, 2007.

Petition for Rehearing filed.

Adjudged to be AFFIRMED. Breyer, J., delivered the opinion of the Court, in which Stevens, Kennedy, Ginsburg, and Alito, JJ., joined. Stevens, J., filed a concurring opinion. Kennedy, J., filed a concurring opinion, in which Alito, J., joined. Scalia,

Argued. For petitioners: Ronald J. VanAmberg, Santa Fe, N.M. For federal respondent: Sri Srinivasan, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For state respondent: Leigh M. Manasevit, Special Assistant Attorney Gener

Motion for leave to file amici brief filed by Public School Districts GRANTED. (orders list)

Reply of petitioner Zuni Public School District No. 89, et al. filed. (Distributed)

Brief of respondent Federal Respondent filed. (Circulated.)

Motion for leave to file amici brief filed by Public School Districts. (Distributed)

Brief of respondent New Mexico Public Education Department filed. (Distributed)

Brief amicus curiae of Alaska filed. (Distributed)

Motion for divided argument filed by respondent GRANTED. (orders list)

Motion for divided argument filed by respondents Department of Education, et al. (Distributed)

CIRCULATED.

Record received from U.S.C.A. for 10th Circuit. (1 box)

Joint appendix filed.

Brief of petitioner Zuni Public School District No. 89, et al. filed.

SET FOR ARGUMENT ON Wednesday, January 10, 2007.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of September 25, 2006.

Brief of Federal Respondent in opposition filed.

Brief of respondent New Mexico Public Education Department in opposition filed.

Order extending time to file response to petition to and including July 31, 2006, for all respondents.

Petition for a writ of certiorari filed. (Response due June 29, 2006)

Zuni Public School District No. 89, et al., Petitioner, represented by Ronald J. VanAmberg

Department of Education, et al., Respondent, represented by Paul D. Clement

New Mexico Public Education Department, Respondent, represented by Leigh Marc Manasevit

Alaska, Amicus Curiae, represented by Kathleen Strasbaugh

Public School Districts, Amicus Curiae, represented by Thomas C. Bird

Zuni Public School District No. 89, et al. v. Department of Education, et al., Amicus Curiae, represented by Sri Srinivasan