November 20, 2008
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Judge upholds invalidation of AP exam results in Calif. cell phone cheating incident


An Orange County judge has denied a request from a student group to block the national administrator of the Advanced Placement exams from retesting 375 Mission Viejo high school students, the Orange County Register reports. The group, “Justice for 375 Trabuco Scholars,” sued the Princeton, N.J.-based Educational Testing Service last week over the invalidation of 690 AP exams at Trabuco Hills High School in Mission Viejo, accusing the company of not adequately investigating allegations of cheating and improper proctoring on the May exams and demanding a "good faith" investigation. In its lawsuit, the group had asked the court to issue a temporary restraining order compelling ETS to determine whether irregularities at the school—including cell phone use during exams, improper seating arrangements, and unsupervised restroom breaks—had an impact on the students' scores. Orange County Superior Court Judge Jamoa Moberly listened to nearly two hours of arguments before making her decision. "It's been very well-argued by both parties, but there are 266 students who anticipate retaking the tests," Moberly said. "The testing should go forward. It's in the best interest of everyone." ETS's attorneys stressed that the company was not obligated to, nor did it have the resources to, produce evidence that specific students cheated on specific exams. Berman also agreed in court to let the 375 affected AP students know whether they had passed their exams in May. Although students will not be allowed to find out their scores, it could help students who did not pass an exam determine whether they want to retake that exam, Moberly said. Students expressed disappointment and frustration at the ruling, but said it would help ensure school administrators followed AP testing protocols in the future.

Orange County Register, 7/30/08, By Scott Martindale

[Editor’s Note: Background on the incident, the school district’s investigation, and the lawsuit is below. While 10 students admitted to cheating, all 395 exams taken were invalidated. ETS noted that it invalidated 690 AP exams in early July because investigators could not determine the extent of the possible cheating in another incident, in which 10 students confessed to cheating “but ETS subsequently learned that many other students brought cell phones and study guides into testing rooms, were unsupervised for periods of time, and took unsupervised restroom breaks in groups, among other testing violations.”]
Orange County Register, 7/24/08, By Scott Martindale