Facts

The San Mateo Union High School District and the AP Students-Viking Parent Group filed suit against the College Entrance Examination Board (College Board) and Educational Testing Services (ETS), based on the College Board's decision to invalidate the test scores of 286 students. In May 2013, Mills High School (MHS) administered 21 Advanced Placement (AP) examinations. A student complained to ETS about various violations of the testing rules, including the tests starting late and improper seating arrangements.

ETS conducted an investigation of the student's complaints, including discussions with the school's AP coordinator. Eventually, based on a finding that seating irregularities occurred during the administration of some of the exams, ETS and the College Board refused to grade and/or release the scores for eleven of the exams. No evidence of actual cheating or improper conduct on the part of any student was alleged or discovered.

PLAINTIFF'S CONTENTIONS:
The plaintiffs argued that ETS and the College Board's actions had been a breach of contract, a breach of the implied covenant of good faith and fair dealing, violation of California unfair competition law, and violation of the California Education Code. They sought declaratory relief, a temporary restraining order, and an injunction forcing the defendants to grade and validate the test scores.

DEFENDANT'S CONTENTIONS:
The defendants argued that they were justified in cancelling the exam scores, because the school breached its agreements with the defendants by not properly administering the tests, and because the defendants' agreements with the school and the students provided for the possibility of score cancellation in the event of testing irregularities.

Result

The court denied the plaintiffs' application for a temporary restraining order.