Lawsuit Over Testing Dismissed

An attorney representing 15 Crescenta Valley High School students Monday asked a federal judge to dismiss three remaining claims in a lawsuit against a national testing organization that invalidated the students’ college placement examinations after some cheated on the tests.

The attorney, William S. Overing, said he made the request because he wants to refile the case in a state court.

U. S. District Court Judge Stephen V. Wilson agreed to dismiss claims of fraud, negligent misrepresentation and breach of contract in the suit against the Educational Testing Service of Princeton, N.J.


Last week, Wilson dismissed claims that the testing service decision violated the California Education Code, that it denied students due process and that it caused the students to suffer emotional distress.

The lawsuit was filed in September after the organization invalidated the exams when seven of the 79 students who took them were caught cheating. After the suit was filed, more than 50 students said they would not take retests conducted by Educational Testing Service that month.