Northern District of California Judge William Orrick Jr. has rejected a motion to dismiss a case filed against the Educational Testing Service by Oakland-based Disability Rights Advocates over ETS’s policy of flagging scores obtained under special conditions.

The case was filed in San Francisco federal court late last summer, alleging that ETS’s policy of flagging scores obtained under nonstandard circumstances are discriminatory toward people with disabilities. Orrick made his ruling March 27.

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