Former Gov. Timothy Kaine, on the last day of his administration in January 2010, approved a request from the German government and asked the Justice Department to transfer Soering back to Germany to complete his sentence. Newly elected Gov. Bob McDonnell, along with Cuccinelli, adamantly opposed the transfer. McDonnell formally notified the Justice Department just three days after taking office that it was imperative that Soering serve his time in Virginia and not in Germany, where a US news report said that he could have applied for parole after two years, although parole is only applicable after a minimum 15 years according to the German penal code. On July 7, 2010, U.S. Attorney General Eric Holder announced that he would not consider transferring Soering to a prison in his home country without the state's "clear and unambiguous" consent. On November 24, 2010, Cuccinelli issued a legal opinion that police, school administrators, and teachers could search students' cell phones on the basis of reasonable suspicions in order to deter cyberbullying and "sexting". The ACLU and the Rutherford Institute said that Cuccinelli's opinion was in error, lacking a legal foundation. On January 28, 2011, Cuccinelli issued a legal opinion saying that school systems could not charge students the $75 testing fee when students take Advance Placement (AP) tests. Typically, AP courses are offered to academically advanced high school students to teach college-level materials. At the end of the course, students take a nationally administered AP test, and can receive college credit if the test score meets a specified level. Cuccinelli said that public schools were required to provide a free education, so schools could not charge students taking the AP class the exam fee. In February 2012, Cuccinelli filed a brief in the case of seven Anglican parishes that had left the Episcopal Diocese of Virginia as part of the Anglican realignment, including The Falls Church and Truro Church. Cuccinelli took the side of the departing Anglican churches, arguing that they should be entitled to keep personal property amounting to several million dollars that was donated to the parishes between 2003 and 2007 and marked by the donors as for the use of parishes only, not for the diocese. Cuccinelli made this argument on "donor intent" grounds. "That donor intent is paramount," Cuccinelli argued, "and governs the disposition of property, both real and personal, by one entrusted with its management, is a principle beyond dispute and interwoven throughout the law governing charitable trusts."