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United States v. State

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REVISED April 12, 2010

Before KING, GARWOOD, and DAVIS, Circuit Judges.

Defendants-appellants, the State of Texas, the Texas Education Agency (TEA), and the Texas Commissioner of Education (collectively, defendants), appeal the district court’s finding that defendants denied students with limited-English proficiency (LEP students) equal educational opportunities in Texas public schools, thereby violating the court’s longstanding injunctive order (the Modified Order) and Section 1703(f) of the Equal Educational Opportunities Act (EEOA), 20 U.S.C. § 1703(f). Defendants also appeal the district court’s denial of their subsequent motion to modify the Modified Order. We REVERSE the district court’s denial of defendants’ motion to modify, and REVERSE and REMAND as to the district court’s finding of a violation of the Modified Order and Section 1703(f).

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