PROVIDENCE, R.I. (AP) — A state superior court judge has turned down a request for a preliminary injunction in an ACLU lawsuit alleging the state Board of Education broke open government laws by discussing and voting privately on new graduation testing requirements.

Superior Court Judge Luis Matos turned down the ACLU's request on Tuesday.

The Rhode Island chapter of the American Civil Liberties Union and other groups had petitioned the board to consider changing a requirement that students pass a standardized test before graduating.

The ACLU says the board met on Sept. 9 and listened to some public comment on the requirement. Then it went behind closed doors to discuss and vote 6-5 to reject the petition. The lawsuit says that violates the open meetings law.

The board says it was proper because it was discussing a pending lawsuit.

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