Hi,
Not sure exactly why this would work any different in the studio '09 release than in the AP5 release but, one thing you might want to try is changing some of the Configuration.js options.
After publishing in AP 09 navigate to the \lms subfolder of the published output and open the Configuration.js file in notepad. This file contains several undocumented/unsupported configuration options. One that might specifically help you is the ability to set content so that the SCORE can only improve on subsequent attempts. You can find the option here:
Quote:
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var SCORE_CAN_ONLY_IMPROVE = false; //set this to true to ensure that on subsequent attempts, a learner's score can only go up
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Now, I am not entirely positive on this, but it might work...however, I am not sure if this just affects score or score and status.