School Damages Ruled Out in IQ Test Dispute

A federal judge ruled Friday that a Laguna Hills girl who was denied an intelligence test because she is African American can’t sue a local school district for damages, because school officials were following state mandates.

But the ruling from U.S. District Judge Ronald S.W. Lew does allow Wendy Strong, and her 7-year-old daughter, Brianna Combash, to seek an order preventing the Saddleback Valley Unified School District from denying IQ tests to African American students, according to their lawyer, R. Brian Oxman.

While Oxman said the ruling brings some moral vindication to the family since it allows them to try to prevent what they believe is “invidious racial discrimination,” they are disappointed that the school district can’t be held accountable for damages.

District officials could not be reached for comment late Friday.

The action is the latest in the long-controversial debate over IQ tests and race.

A recent 9th U.S. Circuit Court of Appeals decision clears the way for a federal judge to decide whether a 15-year-old ban giving IQ tests to African American students to determine if any should be placed in “mentally retarded” classes still applies, given the current array of special-education programs.

While that decision was seen as a victory for a small group of black parents who have challenged a statewide ban on using the tests to place blacks in special-education classes, it did not resolve claims of racial bias in the tests nor the question of whether they should be available to families who want them.

In Brianna’s case, the family alleged that the Saddleback Valley Unified School District failed to provide adequate and fair testing because of her race. Strong is white, while Brianna’s father is African American.

The suit arose last year when Brianna, who was struggling in school, sought an IQ test to identify possible learning problems.