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Show Thursday. October im THE DAILY 1 HERALD. Prov. Utah Page A7 spicious J score aA in exchange up to 10 pounds of By LORI ARATANI Knighi-Ridde- r By JOEL STASHENKO Associated Press Writer - ALBANY, N.Y. The first time Brian Dalton took the college entrance exam in 1991, he had mononucleosis and scored a dismal 620 almost 300 points below the national average. Six months later as a senior, he says he retook the test healthy and prepared, and scored ,030 out of a possible ! ,600. "Pv J 1 The administrator of the Scholastic Assessment Test used by most U.S. colleges as a standard for acceptance called the improvement "astonishing" and suspicious, and refused to release the higher score to col- LOS ALTOS. Calif. In a city where the school board has garnered national attention for daring to propose a ban on Halloween celebrations out of concern for stu, dents' dentist Mel Freeman wants to make the holiday safer too ... for teeth. This Halloween. Freeman, a Los Altos dentist, is making kids a special offer: one dollar in cold, hard cash, plus a bag of grapes, for every pound of candy the town's turn in to his office. trick-or-treate- AP Photo leges. Dalton, who went on to college using the lower score, sued for SI. 35 million and won in two lower courts. The Educational Testing Service of Princeton, N.J., which gives the test, appealed and takes The case to New York's highest court today. Dalton argues that he didn't get into the colleges of his choice, including his top pick, St. John's University in New York City, because the higher score was not released. He also says he may have lost out on a swimming scholarship. "No student and his or her family should be treated as the Dal-ton- s were in this case," said Dal-ton- 's lawyer, Vincent Nicolosi. Dalton, 21, is now in his fourth year at Queens College in New York City. The ETS, which maintains that 'v,o different people signed Dai-- t s answer sheets, has never ultimately lost a case when it suspects fraud. Its lawyers are expected to argue Thursday that ETS must be given the right to disallow questionable results like Dalton's to protect the integrity of a test given to some 2.4 million U.S. high school students each year. New York's Court of Appeals is ; expected to rule by the end of the Newspapers well-being- . Jetting home After a day of jet skiing, So Jackson of West Palm Beach takes one last run down Haverhill Road in Lake Worth, Fla., before calling it a day, jumping in 2 12 feet of water. the cars' wakes can- dy. "It kind of worries us that we" I! have a line around the block or nobody." he said. "Or maybe the kids will come with buckets of candy." Just to be on the safe side though. Freeman has put some conditions on the great money and grapes trade-of- f. Participants must be 12 and under and accompanied by their parents. They can The plan grew out of an attempt and his associates to find something to do this Halloween beyond simply dressing up in costumes. At the same time they were wracking their brains. Free's public relaman's tions firm was launching a campaign to promote fresh, prepackaged grapes. The men decided to join forces. Freeman providing the cash and his the grapes and the great moneygrape giveaway was born. by Freeman son-in-ia- w son-in-la- w "1 don" i think (Halloween) is a terrible ihing." Freeman said. "Our primary job is to protect the kids' teeth." The nurses in Freeman's office already have volunteered to "dispose" of whatever candy is brought in. "They said 'feed it to us,"' Freeman said laughing. "But I don't know. We might throw it out if we can't find a good place to put it." Otter ordered to Sea World after short ocean stay By JOHN WOOLFOLK Knight-Ridde- r Newspapers SAN JOSE, Calif. It wasn't long before April the sea otter was back to her old tricks. Now, the orphaned otter, whose peopie pranks have gotten her in hot water with the feds, is back in the tank for good. On Monday, the U.S. Fish and Wildlife Service, which monitors the threatened species, ordered April sent to San Diego"s Sea World, where she joins four other southern sea otters on public display. "Out of concern for public safety, we're putting her in a captive situation," said Fish and Wildlife biologist Kate Symonds. "We think that's the best place for her." Less than a week earlier, researchers paroled April to the remote coastline off Big Sur, where they hoped she would rejoin her own kind and stay away from people. It didn't work. Over the weekend, April found her way to Pismo Beach, hopped onto a surfboard and bounded up to sunbathers on the sand. Sy monds said. Those same antics earned her notoriety and a trip to the quarantine tank this summer in Monterey. Federal researchers called for her capture in August after April roughhoused a diver at Lovers Point in Pacific Grove. Scientists at the Monterey Bay Aquarium, which had raised and released the orphaned pup five years ago, took the animal back into captivity while the Fish and Wildlife Service decided what to do with her. Because April has shown self fully capable of survival wild, biologists blamed people for encouraging her misbehavior and decided to give her another shot at freedom last week. But as with several earlier relocation attempts, April soon relumed to human company. Though the otter hasn't harmed Fog Week LONDON her- in the anyone, biologists say she has become increasingly bold and fear that sooner or later, someone was or hurt her. going to get hurt Aquarium officials seemed dismayed at April's fate, saying people treated her like a Central Park squirrel or Yosemite bear. "People were not treating her like a wild otter, and over time the animal learns that it's OK to do this," said aquarium spokesman Ken Peterson. LONDON FOG year. ETS says red flags go up if the overall score goes up 350 points; score increased Dalton's 410 points. Twq handwriting experts for the ETS determined that the person taking Dalton's second test was not the same person who signed the answer sheet the first time around, when Dalton was a junior at Holy Cross High School in the New York City borough of Queens. In a lower court trial in 1992, however, Dalton produced his own handwriting expert who said both answer sheets were signed by the same person. Dalton also called the proctor for the second test who Recognized him as having been there. After questioning the test results, the ETS told Dalton he could retake the SAT or try to prove that he took the test with the higher score. Dalton failed to convince the ETS, and took his case to court. "The majority of the people fall to the whim of ETS, and retake the test," Nicolosi said. "This is a perfect example where one of the students ... said, To hell with you. I a retest just am not going to because you want me to.'" ' Philip Shaeffer, an ETS attorney, admits that the alternatives the sen' ice offers to students it suspects of fraud have shortcomings. "ETS has neither the mandate nor the resources to determine who cheated and who did not," he said. Courts in Louisiana, Kentucky, New Jersey and the U.S. Court of Appeals have recognized the ETS' deterright to cancel test scores it mines are invalid. Nicolosi said Dalton has won in New York so far because he has shown that the ETS "does not standardhave for reviewing ized procedures for questioned SAT scores, or even their validity in the W" 'N, fS " v " '"l V lto "8 d, 25 questioning first place." 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