Crawford

In this appeal, we consider whether the district court properly vacated the 1986 modification to its 1979 injunction in Larry P. v. Riles, 495 F.Supp. 926 (N.D.Cal.1979), aff'd in part, rev’d in part, 793 F.2d 969 (9th Cir.1986). The 1979 Larry P. injunction banned the use of standardized individual intelligence quotient (“I.Q.”) tests to evaluate African-American children for placement in classes for the Educable Mentally Retarded (“E.M.R.”) or their “substantial equivalent.” The 1986 modification, which was made following a settlement after California abolished the E.M.R. category, banned the use of I.Q. tests to evaluate African-American children referred for any special education assessment.

The plaintiffs in this case (“Crawford plaintiffs”) are African-American school children who were diagnosed as learning disabled and who sought to have I.Q. tests administered to them. Because the 1986 modification forbade all I.Q. testing of African-American children referred for special education assessment, they were unable to receive the tests. They then filed this action challenging the 1986 modification. The district court consolidated the ease with Larry P. and vacated the 1986…