California Court of Appeal

In an action challenging the constitutionality of Education Code section 99161.5, which requires plaintiff, the test sponsor of the Law School Admission Test (LSAT), to provide testing accommodations to a test subject with a disability under certain conditions, and prohibits plaintiff from notifying a test score recipient that the score of any test subject was obtained by a subject who received an accommodation, the trial court abused its discretion in issuing a preliminary injunction ordering defendant-State to refrain from enforcing section 99161.5 against plaintiff pending trial, where: 1) section 99161.5 does not violate plaintiff's right to equal protection under the law because plaintiff is not similarly situated to other testing entities for purposes of the law; 2) plaintiff has not demonstrated a likelihood of prevailing on its additional claims, i.e., that section 99161.5 violates its right to liberty of speech, constitutes invalid special legislation, or amounts to a prohibited bill of attainder; and 3) the balance of interim harm favors law school applicants with disabilities.

Appellate Information

• Decided 01/13/2014
• Published 01/13/2014

Judges

• HOCH

Court

• California Court of Appeal

Counsel