". . .at issue are teachers with what California defines as "intern" credentials, who are on a path to completing alternative certification but have not yet achieved it. The lawsuit argues that 41 percent of teaching interns in California teach in the 25 percent of schools with the highest concentrations of minority students.
"In adopting NCLB, Congress decided that teachers with 'full State certification' are, in the aggregate, better teachers than those without such certification," Judge Fletcher wrote. "We recognize that it is debatable whether Congress was correct in deciding that teachers with 'full State certification' are in fact better than teachers without such certification."
This is especially debatable if many of the interns come from programs such as Teach for America, the judge said. But the disparate assignment of teachers without full state certification to minority classrooms means the plaintiff families have suffered "injuries in fact" that give them standing to sue, Judge Fletcher said."
http://blogs.edweek.org/edweek/school_law/2010/09/federal_highly_qualified_teach.html