KELLY v. PARENTS UNITED FOR THE D.C. PUB., 90-CV-1130

• Decision Date: 28 September 1994
• Docket Number: No. 90-CV-1130,No. 90-CV-1158,No. 92-CV-1126,90-CV-1130,90-CV-1158,92-CV-1126
• Citation: 648 A.2d 675
• Parties: Sharon Pratt KELLY, et al., Appellants/Cross-Appellees, v. PARENTS UNITED FOR the DISTRICT OF COLUMBIA PUBLIC SCHOOLS, Appellees/Cross-Appellants.
• Court: D.C. Court of Appeals

648 A.2d 675

Sharon Pratt KELLY, et al., Appellants/Cross-Appellees, v. PARENTSUNITED FOR the DISTRICT OF COLUMBIA PUBLIC SCHOOLS,Appellees/Cross-Appellants.

Nos. 90-CV-1130, 90-CV-1158 and 92-CV-1126.

District of Columbia Court of Appeals.

September 28, 1994.

PER CURIAM:

On Petition for Rehearing (Harriett R. Taylor, Trial Judge).

Before FERREN and SCHWELB, Associate Judges, and PRYOR, Senior Judge.

ORDER

The petition is granted to the extent reflected in this order:

1. In Kelly v. Parents United for the District of Columbia Public Schools, 641 A.2d 159 (D.C. 1994), the following footnote 13A shall be added at 641 A.2d at 165, second column, second full paragraph, as follows:

. . . whether the Nurse Assignment Act creates an implied private right of action,^13A it follows that. . . .

13A. The District has not argued that the scope of any implied private right of action here, and its enforceability against the executive branch, may be limited by the amount of funds actually appropriated to carry out the requirements of the Nurse Assignment Act, and we express no views thereon.