At issue in this case is the validity of specified uses by North Carolina of the National Teacher Examinations (NTE), a standardized testing program produced and administered by Educational Testing Service. This brief amicus curiae is designed to assist the Court in distinguishing among the valid and inappropriate uses of the NTE and the different legal standards that apply to such diverse uses. North Carolina uses the NTE with a cut-off score of 950 to determine the salary, retention, and tenure of teachers with substantial inservice experience and to determine the certification of prospective teachers with no experience. This minimum score disqualifies proportionately more black persons than white persons. The issue before the court is whether these uses of the NTE are permissible in light of statistical evidence of disparate performance by race on the tests. It is concluded that the Court should make the necessary and limited findings of fact and should grant the declaratory and injunctive relief requested by the plaintiff to eliminate the nonstandard rating for experienced teachers and the 950 cut-off score requirement for prospective teachers. (RC)