Bystrom ex rel. Bystrom v. Fridley High School

With a reservation to be mentioned I fully concur in my Brother Arnold’s opinion. While I agree that this court’s decision to affirm that portion of the district court’s decision invalidating guideline E is controlled by our prior decision in Kuhlmeier v. Hazelwood School District, 795 F.2d 1368 (8th Cir.1986) (2-1 decision), cert. *758granted, — U.S. -, 107 S.Ct. 926, 93 L.Ed.2d 978 (1987), I write separately to suggest that the holding in Kuhlmeier rests in part on an erroneous premise. In all other respects I join the court’s opinion.

In Kuhlmeier the court concluded that “school officials are…