Larry P. v. Riles
United States Court of Appeals for the Ninth Circuit
793 F.2d 969 (1984)
California's EMR program, unlike other special-education tracks, was not designed to help students return to regular instruction, and placement relied solely on standardized IQ tests developed from an all-white population and never adjusted for racial score gaps (unlike gender gaps, which were corrected); as a result, roughly 15 percent of Black students, versus 2 percent of white students, fell below the EMR threshold, with no other factors like teacher recommendations or cultural background considered. The district court found this violated the Rehabilitation Act, the Education for All Handicapped Children Act (EAHCA), and equal protection, and enjoined the practice; the defendants appealed.
Whether, under the Education for All Handicapped Children Act, schools can use tests or evaluation materials for the purposes of evaluating and placing children that are racially or culturally discriminatory.