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UNITED STATES v. LULAC

No. 85-2579.

793 F.2d 636 (1986)

UNITED STATES of America, Plaintiff-Appellant, v. LULAC, GI Forum and NAACP, Plaintiffs-Intervenors-Appellees, v. STATE OF TEXAS, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Clarified September 12, 1986.

Attorney(s) appearing for the Case

Kevin T. O'Hanlon, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for State of Texas.

Brian K. Landsberg, Chief, Appellate Section, Civ. Rights Div., Michael Carvin, Washington, D.C., Bob Wortham, U.S. Atty., Steven M. Mason, Asst. U.S. Atty., Tyler, Tex., Jeremiah Glassman, Irving Gornstein, Educ. Opp. Civ. Rights Div., for U.S.

Bruce M. Berman, Howard P. Willens, Washington, D.C., for amicus curiae Educational Testing Service.

Roger Rice, Camilo Perez-Bustillo, Jose Roberto Juarez, Jr., Cambridge, Mass., for GI Forum and NAACP.

Albert Kauffman, San Antonio, Tex., for LULAC, GI Forum, et al.

Audrey Little, Asst. Gen. Counsel, NAACP, Brooklyn, N.Y., for Leslie Duggan, Jr., et al.

Michael Slutsky, Richard F. Watt, Cotton, Watt, Jones & King, Chicago, Ill., for amicus curiae Texas Civil Liberties Union.

Before THORNBERRY, RUBIN and JOLLY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

This action challenges the Texas requirement that college students pass a Pre-Professional Skills Test (PPST) before scheduling more than six hours of professional education courses at any state college or university. To teach in Texas public schools, a teacher must have a certificate from the Texas State Board of Education, which requires either an undergraduate minor in education, based on eighteen hours of courses in professional...

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