Smiley

AMENDED MEMORANDUM *

We recognize that this case presents important and complicated issues for all of the parties and that further proceedings in the district court are inevitable. We are presented with interlocutory review of a preliminary injunction, and the scope of this order relates only to that review and to the terms of the interim relief imposed by the preliminary injunction order.

With respect to paragraphs 1 and 2 of the district court’s preliminary injunction order dated February 21, 2002, the State Defendants assure us that those provisions, which permit all members of the plaintiff class to take the California High School Exit Examination (“CAHSEE”) with the necessary accommodations and modifications, are already in effect. To avoid any ambiguity on this point, we therefore decline to modify paragraphs 1 and 2 of the district court’s order.

The remainder of the plaintiffs’ challenge to the administration of the CAH-SEE is not currently ripe for adjudication. The development of the CAHSEE is, as the district court observed, a “highly dynamic process.” The State Defendants argue with some justification that they need experience with administration of CAH-SEE to…