of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794;  the equal protection clauses of the United States and California Constitutions;  and several sections of the California Education Code.  Jurisdiction was predicated on 28 U.S.C. Secs. 1331, 1337 and 1343 and 42 U.S.C. Sec. 1983.  In August 1977 the United States was granted permission to participate as amicus curiae.


4
Trial began on October 11, 1977 and concluded on March 15, 1978.  On October 16, 1979 the district court entered judgment for the appellees.  The district court held that the plaintiffs were adequate representatives of the class of black children who had been or in the future would be wrongly placed and maintained in special classes for the educable mentally retarded.   Larryis available).


92
ENRIGHT, District Judge, dissenting in part and concurring in part:


93
I dissent in part and concur in part with the reasoning and the result of the amended majority opinion.


94
This case has suffered a lengthy and tortuous history.  It was first argued before this panel on November 12, 1981.  The opinion of the panel was not filed until January 28, 1984.  During the intervening years, the United States Supreme Court issued opinions in two major and relevant cases.1   Based on these two cases, the appellant filed a petition for rehearing on February 6, 1984.  Now the majority has elected to file an amended opinion.


95
In light of the majority's decision to proceed by amended opinion, my prior dissent must stand except to the extent