In this article, major laws, regulations, court cases, policies and practices related to intelligence testing of African American students in California are reviewed. A California Department of Education (CDE) ban on intelligence testing of African American students for the purpose of determining special education eligibility is in effect and enforced by Special Education Hearing Officers (SEHO) and Coordinated Compliance Reviewers (CCR). Although the CDE bases its restrictions on the results of the "Larry P." case, we found that (a) the CDE policy runs counter to the ruling and intent of the "Larry P." case; (b) overrepresentation of African Americans in special education programs continues despite the use of alternative assessment methods to measure intelligence; and (c) overrepresentation of African Americans in special education is not the result of intelligence test bias, rather, more endemic socio-political inequalities are to blame. We conclude with a discussion of three critical questions to be considered in future responses to the "Larry P." court case. (Contains 1 table.)