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Class Action Lawsuit Prompted By SAT Scoring Fiasco

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Case ID: 4750 | Family | 04/10/2006

Three Minnesota law firms filed a class-action lawsuit against the College Board and one of its contractors over scoring errors for thousands of students who took the SAT in October, 2005. The lawsuit was filed in state court in Hennepin County, Minnesota on April 7, 2006. The College Board disclosed in March that 4,411 students out of about 500,000 who took took the SAT reasoning test in October received incorrect scores. The errors were partly due to moisture that interfered with the scanning of the students' answer sheets by Pearson Educational Measurement, the company that handled that part of the scoring for the College Board. Pearson's parent company, NCS Pearson Inc., is based in Minnesota.

"The College Board contracted with Pearson despite the fact that Pearson is no stranger to botching test scores," the 48-page complaint said.

The board said most of the students received scores that were too low, some by as much as 450 points of a maximum possible 2,400, and those scores were being corrected. It also said that about 600 students received scores that were too high, by as much as 50 points, but that under board policy, those scores were not corrected.

A partner at one of the three firms bringing the suit, said the lead plaintiff was a high school senior from Dix Hills, N.Y., on Long Island, who received an incorrect score when he took the exam. The student was not identified in the suit.

One of the lawyers representing the students stated that the firms plan to seek an injunction requiring the College Board to correct the inflated scores as well as those that were too low. "It is unfair that regular students have to compete against those students with inflated scores for admission, scholarships and financial aid," he said.

The suit defined two classes of students: those who received mistaken scores "and everybody else who has to compete against the students with inflated scores," "that may amount to millions of students who applied to college this year," the lawyer for the students said.

The board claims it was alerted to the problem by two students who questioned the scores they received in December; after finding that their tests were misscored, the board investigated and learned the problem was widespread.

The three law firms — two from Minneapolis and the other from St. Paul, were also involved in another suit against Pearson over a misscored state test in 2000 that kept some students from graduating with their class. Two years later in 2002, Pearson settled it for $12 million, with about $7 million for students.

The lawsuit is open to any student whose October 2005 SAT scores were incorrectly calculated.


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