United States v. Texas

JUSTICE, Chief Judge.

Plaintiff-intervenors1 and the applicants for intervention (“applicants”)2 seek a preliminary injunction to restrain the State of Texas, acting by and through the Texas Education Agency (“TEA”), from excluding students who fail the Pre-Professional Skills Test (“PPST”) from enrollment in teacher education courses at colleges and universities in Texas.

In 1981, the Texas Legislature enacted a statute requiring “satisfactory performance on a competency examination on basic skills prescribed by [Texas State Board of Education] as a condition to admission into an approved…