Simon

AMENDED [PROPOSED] ORDER AND PERMANENT INJUNCTION

Based on the submission of the parties relating to Plaintiffs motion for summary judgment, the Court hereby makes the following findings of fact and conclusions of law:

A. FINDINGS OF FACT

1.Plaintiff ETS is a nonprofit educational corporation, chartered under New York law, that develops and administers standardized tests, including the MSAT. Declaration of Charlotte Solomon, attached to Plaintiffs’ Memorandum in Support of Preliminary Injunction (“Original Solomon Decl.”), ¶ 2.

2. The MSAT is a two-part examination consisting of multiple choice and essay questions that test general knowledge and skills that an elementary school teacher should possess in areas such as math, science, art, literature, and physical education. Id. The MSAT essay section contains approximately 18 to 20 questions. ETS currently offers the MSAT four times per year. Id.

3. The MSAT is relied on by the California Commission on Teacher Credentialing (“CCTC”) — the state entity responsible for licensing teachers in the state of California — in determining who may teach children in California’s kindergarten through sixth grade public school classrooms.…