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Welcome to your studying law 
Around the world. 

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I'm Claudio Claus. 
In each episode, I talk with 

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lawyers, law students, and 
professors from different parts 

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of the world to talk about legal
education, careers, and what the

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profession looks like in real 
life. 

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We talk about the hard parts, 
the surprises, and the decisions

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that shaped their paths. 
Whether you're planning to study

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abroad, thinking about working 
in another legal system, or just

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curious about how law works 
around the world, this podcast 

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is for you. 
This episode is sponsored by 

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Contender. 
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Hello everybody, welcome to 
another episode of Studying Law 

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around the World. 
Should I have the opportunity to

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speak with John Clarke, who is a
global education strategist with

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a passion for expanding access 
to learning across borders? 

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After his career as a litigator,
John transitioned into the world

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of international education where
he spent over a decade work with

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the intersection of policy, 
research, marketing, and 

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students mobility. 
He currently works at ETS, the 

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organization behind the TOFO and
GR, where he helps shape global 

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initiatives that supports 
students on their academic 

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journeys worldwide. 
Thank you so much for joining us

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today and welcome to the 
podcast, John. 

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Yeah. 
Thank you, Claudio. 

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I appreciate it. 
Amazing. 

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And you start off her episode. 
I'd love if you could introduce 

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yourself to your listeners. 
We would love to hear a little 

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bit about this legal connection 
and the role you have today. 

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And and even if you can mention 
that we just talked quickly that

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you are quite familiar with the 
L sat and all of that. 

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Yeah, of course. 
So today I'm the Director of 

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Strategic Initiatives at TS and 
I think you did a great job 

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summarizing what I do. 
And in a nutshell, I spend most 

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of my time working with our 
score users or a TOFU, we call 

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them designated institutions. 
So there are 13,000 institutions

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worldwide that accepts TOEFL for
various purposes. 

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And so I spend a lot of time 
talking with them to make sure 

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that we are meeting their needs.
But I started my career as an 

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attorney boy almost 15 years 
ago. 

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It lasted a couple years in the 
profession and maybe we could 

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save that for later on or just 
not discuss it at all. 

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I, I enjoyed it, but it probably
wasn't the right career choice 

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for me. 
But when I was in law school, I 

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went to law school at Southern 
Illinois University, which is a 

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small regional public school in 
the US. 

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And the Department of Continuing
Education let me stand up and a 

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prep class for the LSAT, which 
is the law school entrance exam 

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for much of North America. 
And I so I gained familiarity 

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with the L SAT and had a lot of 
fun teaching students how to 

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succeed on that exam, which is a
very different exam from TOEFL. 

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But after a couple of years of 
practice, I ended up working for

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Kaplan and the test prep space. 
And that's how I got into the 

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assessment world about 10 years.
Ago, that's awesome. 

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And asking you a little more 
about tofu itself. 

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So I'm sure that most of our 
listeners who are in this space 

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of being either an 
internationally trained lawyer 

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or a lawyer from another country
looking into becoming qualified 

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in another jurisdictions, they 
might know the letters, they 

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might know what it means. 
But I'd love to ask you a little

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murder, You know, what skills 
does the test really measure? 

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And from what I saw here, 
universities have been relying 

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on it for over 60 years now. 
Can you tell me a little more 

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about that? 
It's been awhile, yeah. 

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So the test of English as a 
foreign language was created in 

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1964, which incidentally, was 
the year that AT&T's Bell Labs 

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launched the first video phone 
technology. 

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And it took 5550 years to 
actually scale that. 

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But it was a time of real 
innovation. 

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TOEFL inception was a product of
a few American universities 

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recognizing that with increased 
international student flows to 

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top American universities, they 
needed a more coherent way of 

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measuring English proficiency to
ensure that incoming students 

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would be able to thrive in 
academic settings. 

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And so TOEFL was actually the 
product of universities. 

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Universities got together and 
created it to meet their needs. 

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So we've been around for 60 
years, and over the course of 

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that 60 years, it's been a 
perpetual innovation. 

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And we have made some exciting 
changes that will kick in next 

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year that we can discuss in a 
bit, But that's a little bit of 

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the history behind the TOEFL 
exam. 

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Fantastic and in this case here,
just to give you a little more 

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of a background about the 
podcast itself. 

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So podcast is called studying 
law around the world. 

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And it happens that a lot of our
listenership are in in the 

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global South or are in Canada 
and in a lot of them come from 

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countries where English was not 
the first language. 

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So that makes it that, you know,
tough always is one of the tests

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that got used should be able to 
access that law school in 

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another country. 
Usually people have already a 

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law degree from from their 
country of origin and then 

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they're either looking into a 
pathway for licensing and that 

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could be, you know, an LLM 
usually in connection to a 

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university North America as 
well. 

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So many students might weigh the
different exams available and in

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the different possibilities for 
them here. 

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And I wanted to ask if you could
tell me a little bit about what 

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sets TOFU apart from other tests
in the market? 

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Yeah, that's a great question. 
And Claudio, I will begin my 

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answer by noting that I failed 
to answer one of your core 

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questions just 45 seconds ago 
and that is the TOEFL test, 

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reading, writing, speaking and 
listening, the four core English

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skills. 
And that is a nice segue into 

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what sets TOEFL apart. 
So TOEFL is a measure of English

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in academic environments. 
That's been its purpose for six 

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decades. 
And starting in January, we are 

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adding some more modernized 
language to the exam. 

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So the exam will continue to be 
a test of English proficiency in

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academic settings, but we're 
going to modernize it by testing

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a few new things. 
To give you one example, we hear

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from a lot of institutions that 
accept TOEFL that they're 

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increasingly curious about 
students ability to communicate 

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with peers, not just their 
ability to read textbooks and 

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listen to a lecture. 
But as group and experiential 

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learning grows more importance, 
we're trying to capture a 

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broader swath of English that's 
used in modern learning 

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environments. 
And as it relates to lawyers in 

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particular, I suppose in an 
ideal world, TOEFL would test 

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terms like promissory estoppel 
and things of that nature. 

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But it is a generalist exam, 
right? 

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It measures your ability to 
understand general English and 

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academic environment. 
And one reason why I'm excited 

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about the introduction of more 
modernized English language is 

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twofold. 1 you mentioned you 
have a lot of learners in the 

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global S. 
Many students who are coming 

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from the South have different 
education backgrounds and 

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different learning experiences 
than students who have come from

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other countries that have been 
the more traditional sending 

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countries for international 
students. 

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So part of these updates to the 
exam are intended to ensure that

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everyone on a level playing 
fields. 

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And the second thing I would say
too, because we're now measuring

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A broader swath of English, the 
skills that it takes to succeed 

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as an attorney wherever you are,
extend beyond the case law book 

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and the ability to read a 
statute in the corporate 

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environment or client facing 
invites, let's say transactional

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environment, the ability to 
speak to clients, whether 

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they're a homeowner or 
corporation in plain simple 

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English is extremely valuable. 
And if you're a litigator, the 

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ability to communicate not with 
a jury, but with judges who are 

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also generalists is important. 
So. 

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So in sum, we're trying to 
capture English in an academic 

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setting, but we're also trying 
to measure a student's ability 

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to communicate with others in 
different environments. 

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That's fantastic. 
I cannot think of a better way 

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to do that. 
When I'm thinking that really 

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the like one of the biggest and 
most important parts of the 

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student experience is really 
that that possibility of 

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building a network of 
interacting with peers and 

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being, you know, courts ready in
a way. 

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But I really appreciate that 
that's something that is looked 

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at because I cannot even, you 
know, stage how, how important 

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that has been for my story to 
really be interacting with peers

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should really be with people in 
the classroom and really 

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exchanging those experiences. 
So I'm, I'm just very happy that

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the, the tofu is looking at 
that. 

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And I took the top for myself 
last year to getting to my LM at

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the University of Toronto. 
So now I saw that ETS wrote out 

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a few different things, 
including in-house proctors, 

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they identity checks, simple, 
simpler check in for the home 

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edition. 
And that's exciting to know. 

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I'm always happy to see when 
companies are improving 

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continuously. 
And I'd love to hear if there 

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is, you know, feedback so far 
for these improvements. 

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And I know that a lot of new 
things are coming up as well. 

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So could you tell us a little 
more about those? 

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Yeah, yeah, of course. 
By the way, I am curious. 

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Let me talk about the updates. 
My experience that first year in

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in law school was that I had to 
learn an entirely different 

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language because particularly 
English common law where there's

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a lot of parallels in Canada and
US all, it's all Latin and 

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French origin, which was 
profoundly frustrating. 

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Is that been your experience and
that I promise I'll answer the 

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question. 
So it's all good, Yeah. 

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No, in reality, really is. 
It's interesting because a lot 

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of people who will be, you know,
telling you how to prepare 

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should take the most out of the 
experience of the course. 

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We'll, we'll definitely advise 
you to, you know, keep an eye 

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out for, for just improving your
English in general. 

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And then classes will do well. 
And, and honestly, that was a 

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good advice. 
But definitely there's a lot of 

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new words to learn and a lot of 
new, you know, Latin and French 

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references should be caught on. 
And it's even interesting for 

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people who know the language. 
I have a few classmates who 

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speak French, but the, the 
French references in law are 

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like old French. 
So the words don't even make 

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sense if they just hear, you 
know, the the expressions right 

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now, they're not really 
connecting to what those would 

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mean in, in knowing French of 
25th 2020. 

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So it's been really interesting 
to see that that, yeah, language

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learning aspect of it. 
Yeah, yeah. 

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Even at the fundamental bit of 
litigation, plaintiff is, I 

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think that's French origin and 
defendant is more of an 

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Anglo-Saxon. 
The thing that comes out of the 

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back of your throat, you could 
call it something different. 

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Anyway, Claudio, I'm scouring 
the question. 

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So the TOEFL updates were 
relevant to the conversation. 

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You mentioned a couple of 
things. 

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So I would bucket the changes 
into two categories. 

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Category one is the content and 
flow of the exam itself. 

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So starting in January, TOEFL 
has will have modernized English

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language content, including, as 
I referenced, just to use one 

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example of the ability to 
communicate with peers and 

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engage in a group conversation. 
We're also adding multi stage 

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adaptivity. 
Now that's different from the 

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test today, which is purely 
linear. 

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Under the modernized TOEFL. 
Starting in January, the reading

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and listening sections will 
adapt midway through each 

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section to each learner's 
proficiency level. 

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And that way they're not beating
their head against a wall with 

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excessively difficult or easy 
questions. 

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And the second part of that 
section. 

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So it'll make it more efficient 
and allow us to derive a more 

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nuanced understanding of English
proficiency. 

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Lastly, we're going to guarantee
a 72 hour turn around, which is 

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a couple days faster than we're 
giving scores back today. 

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For some students, it's not that
big a deal. 

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For others, especially as a 
countries and I am in the US and

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it has been a flurry of daily 
changes. 

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Students are having to make 
decisions in much faster 

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fashion. 
So we're trying to help deliver 

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scores faster. 
So that's on the test content 

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side today. 
What we have done is we've also 

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updated our home edition exam. 
You referenced a couple of the 

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updates we've made there to give
you 1 interesting statistic. 

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In Bangladesh and Pakistan, as 
of 2023, about 10% of test 

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takers took our exam in the at 
home environments. 

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But last year that number rose 
to 40% in both countries. 

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And that's pretty representative
of what we see in South Asia and

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Latin America and East Asia. 
There remains in Europe a 

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preference for the testing 
centre environment, but that's 

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changing so that students are 
really voting with their feet 

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and the at home test is becoming
more and more a part of students

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expectations. 
So I won't give you too long 

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winded explanation, but in at 
home testing, there's there's 

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two different models. 
Money is what we call record and

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review where you log in to the 
testing environment and you're 

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just guided by a series of 
instructions and some mix of AI.

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The other one is like having a 
live human Proctor in the room. 

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And that's what we offer. 
So when you take the exam, 

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you've got a person there. 
And one of the improvements 

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we've made to the exam is we 
brought our proctors in house. 

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So they're now total employees. 
We can keep a closer eye on 

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them, manage them. 
We manage them on not just their

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ability to catch security 
infractions, but also are they 

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displaying empathy to the test 
taker? 

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Because that's really important.
And those proctors are really 

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key to the unique nature of our 
at Home exam. 

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And the other thing we've done 
is we've really streamlined the 

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process. 
We built the at Home exam in 

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2020 on the heels of COVID and 
we built something that we're 

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very proud of, but we recognize 
the need to make it more of a 

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digital native experience. 
So now the check in is much 

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faster, the interface is much 
cleaner. 

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It's just a much better 
experience for those who choose 

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to take the test. 
At home that's amazing, 

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fantastic. 
And, and all of this in mind, I 

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saw that as part of the, the 
changes to January 2026 going to

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be, you know, beyond the 
adaptive things, there's also 

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going to be a one to six band 
linked to the common European 

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framework. 
And also I was curious about how

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would that, you know, those 
changes also help the admissions

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teams compare candidates. 
As you mentioned, you're the 

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person usually interacting with 
the users on the other end. 

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So the universities and all of 
that. 

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Does that also help the 
admissions teams when they are 

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trying to compare candidates? 
Yeah, that's a great question 

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and I'm digging myself 5 podcast
points for failing to mention 

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that in my long winded harangue 
earlier. 

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So yes, TOFU is introducing A1 
to 6 score scale and half point 

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increments in January as well. 
And before we release this 

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publicly, I've been speaking for
several months with focus groups

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of universities and various 
score users to make sure that 

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they were on board with this 
change. 

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And there's a lot of excitement 
about it. 

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And the reason we're updating 
the TOEFL score scale is 

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threefold. 
So the first is you referenced, 

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we're drawing a more direct and 
intuitive link to the common 

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00:15:34,510 --> 00:15:38,300
European framework is the C for 
proficiency levels were released

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in 2001 as I referenced before 
TOEFL was launched in 1964. 

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So for a long time TOEFL has 
existed as this thing on the 

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side that had its own unique 
secret sauce. 

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And we recognize that there's a 
need to align with students 

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expectations. 
And so that's a second thing, 

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we're drawing a more clear link 
to server and this serves a lot 

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00:15:58,860 --> 00:16:03,130
of students, many of whom their 
English training followed those 

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00:16:03,140 --> 00:16:06,110
Seifer tracks from 1 to 8 two 
and so forth. 

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So students will now be able to 
draw a cleaner connection 

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00:16:09,580 --> 00:16:12,910
between prior learning and 
assessments and TOEFL. 

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00:16:12,980 --> 00:16:17,790
And the third thing is, if you 
look at a chart of TOEFL scores 

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00:16:17,800 --> 00:16:22,120
by section, the score that you 
need to obtain today on a zero 

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00:16:22,130 --> 00:16:27,480
to 30 scale to meet, let's use 
AC1 level of proficiency as an 

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00:16:27,490 --> 00:16:29,440
example. 
It's all over the place. 

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00:16:29,450 --> 00:16:32,750
It's a 25 for this section. 
It's a 24 for this. 

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00:16:32,760 --> 00:16:36,180
It's a 22 for this one. 
And this causes unnecessary 

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00:16:36,190 --> 00:16:39,580
confusion for students as well 
as universities. 

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00:16:39,650 --> 00:16:42,100
You know, especially with a high
degree of turnover and 

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00:16:42,110 --> 00:16:45,120
admissions offices, you have a 
lot of new folks coming in. 

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00:16:45,950 --> 00:16:50,000
TOEFL is an important part of 
the admissions process, but it's

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just one part. 
And so if we can make this one 

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00:16:53,030 --> 00:16:57,170
part a little simpler, a lot of 
institutions that are excited 

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00:16:57,180 --> 00:16:59,550
about this. 
So the last thing we're doing is

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00:16:59,560 --> 00:17:03,270
starting in January, test takers
will begin to receive a score on

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00:17:03,280 --> 00:17:05,750
the one to six scale. 
But when we send their score 

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00:17:05,760 --> 00:17:09,450
report to institutions, the 
institution will see the one to 

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00:17:09,460 --> 00:17:13,230
six score as well as a 
comparable score on the current 

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00:17:13,240 --> 00:17:15,030
scale. 
And we're going to do this for 

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00:17:15,040 --> 00:17:18,990
two years to give everyone time 
to grow accustomed to the 

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00:17:19,000 --> 00:17:20,990
updated scale. 
So yeah, universities are 

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00:17:21,000 --> 00:17:23,230
excited about it. 
It's going to be a little bit of

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00:17:23,240 --> 00:17:25,770
a transition period as they 
update their websites to 

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00:17:25,780 --> 00:17:28,990
communicate to test takers what 
we think that once all 

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00:17:29,000 --> 00:17:33,180
stakeholders gain comfort, it's 
going to be much simpler and 

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00:17:33,230 --> 00:17:35,240
much more intuitive. 
Score scale. 

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00:17:35,310 --> 00:17:38,300
That's amazing, fantastic. 
And then on the end of students,

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00:17:38,310 --> 00:17:41,740
you had just mentioned that 
students are very excited 

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00:17:41,750 --> 00:17:45,000
because you know, in in some 
circumstances and depending on 

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00:17:45,010 --> 00:17:48,500
which country you are you're 
taking the test from or coming 

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00:17:48,510 --> 00:17:52,720
from, there's really this need 
to make decisions quickly. 

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00:17:53,110 --> 00:17:56,020
As you know, all these changes 
are coming up, you know, the 72 

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00:17:56,030 --> 00:17:58,760
hours. 
I've also seen something that if

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00:17:58,770 --> 00:18:01,520
you're taking it in person in a 
test centre, there is some kind 

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00:18:01,530 --> 00:18:04,790
of upgrade to the headphones. 
So I'm wondering if there is 

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00:18:04,800 --> 00:18:07,740
any, you know, change 
specifically there that students

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00:18:07,750 --> 00:18:11,310
are waiting for the most and 
what's what, what have you heard

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00:18:11,320 --> 00:18:13,230
in your team about? 
That as well. 

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00:18:13,300 --> 00:18:16,830
That's a great question. 
You know, we, we survey our 

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00:18:16,840 --> 00:18:21,150
students just mercilessly and 
we're always mindful of making 

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00:18:21,160 --> 00:18:24,270
sure we're not over surveying 
them because you know, who wants

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00:18:24,280 --> 00:18:26,070
to talk to TOEFL after they've 
taken it? 

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00:18:26,120 --> 00:18:28,490
But we take those responses 
really seriously. 

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00:18:28,500 --> 00:18:33,300
And over the past few years, one
of the most common criticisms of

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00:18:33,310 --> 00:18:37,530
the test centre experience is 
the level of noise in the 

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00:18:37,540 --> 00:18:41,230
testing environment. 
That's a very fair criticism. 

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00:18:41,900 --> 00:18:45,090
In a perfect world, everyone 
would be able to take their exam

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00:18:45,100 --> 00:18:48,770
in an individual hotel suite, 
but logistics constraints 

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00:18:48,780 --> 00:18:51,500
prevent us from doing so. 
So we are we are launching 

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00:18:51,510 --> 00:18:57,440
updated headphones that allow 
students to take the exam with 

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00:18:57,450 --> 00:19:00,200
less interruption. 
There's going to be less noise 

350
00:19:00,210 --> 00:19:03,140
in the test environment that 
allow them to focus better at 

351
00:19:03,150 --> 00:19:05,320
the test centre. 
So that's something we're 

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00:19:05,330 --> 00:19:08,920
excited about. 
I would say too, we had piloted 

353
00:19:08,930 --> 00:19:13,660
the new home edition experience 
in several countries this spring

354
00:19:13,670 --> 00:19:17,260
and one of the exciting things 
is we've reduced the amount of 

355
00:19:17,310 --> 00:19:20,560
technical debt students have to 
incur to take the exam. 

356
00:19:20,610 --> 00:19:23,360
The check in process is now 
three times faster. 

357
00:19:23,440 --> 00:19:26,370
You can complete some of the 
check in components even before 

358
00:19:26,380 --> 00:19:29,030
test day because we want to make
sure that whether you're taking 

359
00:19:29,040 --> 00:19:32,090
it in a test centre or home 
edition, the experience feels 

360
00:19:32,100 --> 00:19:36,140
very similar and you're spending
your time and effort displaying 

361
00:19:36,150 --> 00:19:39,750
your English proficiency, not 
your ability to function in a 

362
00:19:39,760 --> 00:19:44,150
noisy environment or log into a 
complicated at home exam. 

363
00:19:44,160 --> 00:19:47,030
So that's a common thread. 
It's just making the testing 

364
00:19:47,040 --> 00:19:50,570
environment more pleasant, more 
simpler, and the check in more 

365
00:19:50,580 --> 00:19:52,470
efficient. 
So that's so great, that's so 

366
00:19:52,480 --> 00:19:55,070
good. 
So application season is about 

367
00:19:55,080 --> 00:19:57,430
to start. 
People who are at least here for

368
00:19:57,440 --> 00:20:00,790
Canada, it's as a new semester 
comes around in school and 

369
00:20:00,800 --> 00:20:03,600
there's also the new. 
Application season coming in so 

370
00:20:03,610 --> 00:20:06,000
people can send in their 
applications and all of that. 

371
00:20:06,010 --> 00:20:09,060
And I'm curious of what you 
would recommend for someone 

372
00:20:09,070 --> 00:20:11,140
booking a test this upcoming 
month. 

373
00:20:11,210 --> 00:20:14,180
What kind of resources would you
point them to 1st? 

374
00:20:14,250 --> 00:20:17,100
And you know where they can 
maybe follow the latest updates 

375
00:20:17,110 --> 00:20:19,870
if they want to know a little 
more about how to get ready. 

376
00:20:19,940 --> 00:20:22,010
Absolutely. 
Well for those that are taking 

377
00:20:22,020 --> 00:20:26,160
the test in the short term, if 
you go to our website, we have a

378
00:20:26,170 --> 00:20:31,200
host of resources that will help
you get acclimated to the exam. 

379
00:20:31,210 --> 00:20:35,640
From full length practice tests 
to online section specific 

380
00:20:35,650 --> 00:20:38,380
practice. 
You can also tell us how much 

381
00:20:38,390 --> 00:20:41,770
time you have study and pull up 
study guides based on the 

382
00:20:41,780 --> 00:20:45,550
duration of prep time you have. 
I think those are really helpful

383
00:20:45,600 --> 00:20:48,850
for the updated version of thing
I'm starting in January, we've 

384
00:20:48,860 --> 00:20:52,390
started to release a series of 
resources and we'll have much 

385
00:20:52,400 --> 00:20:55,570
more in August. 
So you can follow us on your 

386
00:20:55,580 --> 00:20:59,320
social media of choice at TOEFL 
or check out the website. 

387
00:20:59,330 --> 00:21:02,560
But the last note I would get to
is gaming. 

388
00:21:02,570 --> 00:21:05,550
Comfort with the format is 
really valuable because then 

389
00:21:05,560 --> 00:21:08,210
again, you're not sweating the 
format on test day. 

390
00:21:08,280 --> 00:21:11,320
You're just showing us how great
your English skills are. 

391
00:21:11,370 --> 00:21:14,730
So to the extent that you can 
and these resources are all 

392
00:21:14,740 --> 00:21:17,200
available for free if you want 
to really understand what the 

393
00:21:17,210 --> 00:21:19,950
test is, how it functions, 
that's all available on our 

394
00:21:19,960 --> 00:21:21,640
website and I would encourage 
folks to check. 

395
00:21:21,650 --> 00:21:24,070
That out fantastic. 
Well, I really appreciate it. 

396
00:21:24,080 --> 00:21:28,080
It's not every episode that we 
talk about admissions and all of

397
00:21:28,090 --> 00:21:31,430
that that we have the chance to 
speak to a former lawyer in that

398
00:21:31,440 --> 00:21:33,450
process. 
So it's it's just a big 

399
00:21:33,460 --> 00:21:35,070
satisfaction to have you here 
today. 

400
00:21:35,080 --> 00:21:37,790
Thank you so much for taking the
time and thank you all for 

401
00:21:37,800 --> 00:21:40,230
tuning into today's episode. 
Thanks so much, Claudio. 

402
00:21:40,240 --> 00:21:42,120
Every every now and then I think
about getting back in the 

403
00:21:42,130 --> 00:21:43,850
profession. 
So maybe someday I'll work for a

404
00:21:43,860 --> 00:21:45,310
listener. 
So thank you so much. 

405
00:21:45,320 --> 00:21:52,640
This is a lot of fun. 
Thanks for listening and we'll 

406
00:21:52,650 --> 00:21:55,770
see you on the next episode. 
This episode was sponsored by 

407
00:21:55,780 --> 00:21:57,970
Contender. 
Checking out add 

408
00:21:57,980 --> 00:22:00,070
contenderllc.com.
