No. 20-2082 A.C., a minor, by her parent and guardian ad litem, Torrence S. Waithe; A.C.C., a minor, by her parent and guardian ad litem, Nicolas Cahuec; A.F., a minor, by his parent and guardian ad litem, Aletha Forcier; R.F., a minor, by her parent and guardian ad litem, Aletha Forcier; I.M., a minor, by his parents and guardians ad litem Jessica Thigpen and Anthony Thigpen; L.M., a minor, by her parents and guardians ad litem Jessica Thigpen and Anthony Thigpen; K.N.M.R., a minor, by her parent and guardian ad litem, Marisol Rivera Pitre; J.R.H., a minor, by her parents and guardians ad litem, Moira Hinderer and Hillary Reser; M.S., a minor, by his parent and guardian ad litem, Mark Santow; M.M.S., a minor, by his parent and guardian ad litem, Amie Tay; M.S., a minor, by her parents and guardians ad litem, Maruth Sok and Lap Meas; A.W., a minor, by her parent and guardian ad litem, Chanda Womack; J.W., a minor, by her parent and guardian ad litem, Chanda Womack; N.X., a minor, by her parents and guardians ad litem, Youa Yang and Kao Xiong,

Plaintiffs, Appellants,

v.

DANIEL J. MCKEE,* in his official capacity as Governor of the State of Rhode Island; NICHOLAS A. MATTIELLO, in his official capacity as Speaker of the Rhode Island House of Representatives; DOMINICK J. RUGGERIO, in his official capacity as President of the Rhode Island Senate; RHODE ISLAND STATE BOARD OF EDUCATION; COUNCIL ON ELEMENTARY AND SECONDARY EDUCATION; ANGELICA INFANTE-GREEN, in her official capacity as Commissioner of Education for the State of Rhode Island,

Defendants, Appellees.

* Pursuant to Fed. R. App. P. 43(c)(2), Governor Daniel J. McKee has been substituted for former Governor Gina M. Raimondo as the lead defendant-appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

[Hon. William E. Smith, U.S. District Judge]

Before

Howard, Chief Judge, Kayatta, Circuit Judge, and Casper,** District Judge.

Michael A. Rebell, with whom Center for Educational Equity, Teachers College, Columbia University, Jennifer L. Wood, Rhode Island Center for Justice, Samuel D. Zurier, and Stephen Robinson, and Robinson & Clapham, were on brief, for appellants. Michael W. Field, Assistant Attorney General, with whom Andrea M. Shea and Keith Hoffmann, Special Assistant Attorneys General, were on brief, for appellees Daniel J. McKee, Nicholas A. Mattiello, and Domenick J. Ruggerio. Anthony F. Cottone, Chief Legal Counsel, Rhode Island Department of Education, for appellees Rhode Island Board of Education, Council on Elementary and Secondary Education, and Angélica Infante-Green. William T. Russell, Jr., David Elbaum, Jonathan T. Menitove, Nicholas L. Ingros, and Simpson Thacher & Bartlett LLP on brief for Professors Danielle Allen and Meira Levinson, amici curiae. Yahonnes Cleary, Erin J. Morgan, Alexander F. Atkins, Carly Lagrotteria, David Fu, and Paul, Weiss, Rifkind, Wharton & Garrison LLP on brief for National Council for the Social Studies, amicus curiae. Andrew M. Troop, Jeffrey P. Metzler, and Pillsbury Winthrop Shaw Pittman LLP on brief for National League of Women Voters, League of Women Voters of Rhode Island, and American Civil Liberties Union of Rhode Island, amici curiae. Robert M. Kline, Kristin A. Taylor, Carlos F. Ortiz, Michael W. Weaver, Dana McSherry, Annabel Rodriguez, McDermott Will & Emery, Jose Perez, Francisca D. Fajana, Miranda Galindo, and LatinoJustice PRLDEF on brief for LatinoJustice PRLDEF, et al., amici curiae. Gilda Daniels, Jessica Alcantara, Ky'Eisha Penn, Advancement Project, Janette Louard, Anthony Ashton, Victor L. Goode, National

** Of the District of Massachusetts, sitting by desi