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Let the Litigation Begin

A legal team that has won millions of dollars in the past over errors in standardized testing on Friday served notice that it would file a class action suit against the College Board and Pearson Educational Measurement over errors in scoring October’s SAT.

Long-time critics of the SAT said that the lawsuit — and more that are expected to follow — could provide new information about how the SAT is scored, how vulnerable the test may be to errors, and how the College Board manages the process. Officials of the College Board and of Pearson, which handles the scoring, declined to comment, citing policies against talking about litigation. The College Board’s Web site, however, includes a general statement about the scoring errors and efforts to correct them.

The consequences of the suit could go well beyond the several thousand students whose scores were increased after the errors were found. The suit is also on behalf of all people who took the test — about 500,000 in all — because some test-takers received scores that were too high, and the College Board has not corrected those scores. “No one went into the SAT thinking they would have to compete against people with inflated scores,” Joseph Snodgrass, a St. Paul, Minn., lawyer who is leading the suit, said in an interview Sunday.

Snodgrass said that there are no plans to sue colleges and that he sees them, like the students, as victims in the case. “The colleges were really put in a difficult position,” he said.

But Snodgrass said that he could envision going to colleges — with information he anticipates gathering during the discovery stages of the suit — and asking that decisions about both admissions and financial aid be reconsidered.

To that end, he said that he would be seeking access to all kinds of information about how the SAT is scored. “The scope of errors has grown progressively with each press release from the College Board,” he said. “We need to peel the onion and find out exactly what is going on. We’ll get in there.”

In addition, he said that the lawsuit will seek the names (while pledging to protect their privacy) of all affected students. Snodgrass scoffed at the idea that the College Board had fixed the problem by notifying colleges of correct scores, and said that the true extent of damages could only be determined by talking to all of the students. “We need to find out all of the consequences. Did students refuse to apply for scholarships that they might have received? Did they miss admissions deadlines? Did they apply to different colleges? There are all kinds of consequences to this,” he said.

Snodgrass and his firm helped a group of Minnesota high school students win millions of dollars from Pearson in 2002 in a settlement over scoring errors on a state-required test. Snodgrass is likely to have company quickly as other firms line up plaintiffs for their own suits, which may later be combined. A California firm that is suing the Educational Testing Service over scoring errors in a teacher-licensing exam is now gathering information about those who received incorrect SAT scores.

The lead plaintiff in the suit Snodgrass is organizing has not been named and has been identified only as a male student who took the SAT in October and who lives in New York State.

Robert Schaeffer, director of the National Center for Fair & Open Testing, said that he spoke to the plaintiff’s father and has been providing names of lawyers with experience taking on testing entities to other potential plaintiffs. Schaeffer said he wanted to respect the current plaintiff’s privacy and not to provide identifying details about him. But Schaeffer said that the magnitude of the scoring error in his case was “in the middle range” of those affected, agreeing that the scores were off not by either a few hundred points or by 10 or 20. He also said that the student had experienced actual consequences because of the incorrect score.

Schaeffer, whose group has been a leading critic of standardized testing for years, said he thought the coming round of lawsuits had the potential to expose a great deal about the College Board. “This is the suit that will be the tool to get to the bottom of the SAT scoring fiasco,” he said.

More broadly, he said that all the adverse publicity about the SAT scoring errors would likely encourage more colleges to drop the SAT as an admissions requirement. In recent weeks, Bennington College has done so and Hamilton College announced that it would make permanent a five-year experiment of not requiring the SAT. Such announcements don’t happen without a lot of planning, and Schaeffer said that there are “a bundle more colleges in the pipeline,” getting ready for similar changes.

“This is the most significant error the College Board has ever admitted, and the incredibly inept way in which they handled the information has cost them immensely in credibility,” Schaeffer said.

Snodgrass, the lawyer suing the board, said it would be easy to show how important the SAT is, and how damaging the errors have been. “While they have tried to downplay the importance of a test score, this is a life-altering test,” he said.

Scott Jaschik

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Comments

College board is a sitting duck

Hooray!

Finally, the jurors will have the say about College Board and their discriminatory and fake tests.

I am already checking my mail – to make sure I do not miss – the prospective juror notice to appear – that will be the day, I will stick it to College Board, by awarding an incredible amount of dollars to the plaintiffs.

I will also add, admissions employees should be sued too, because they rely on those fake test.

David Robertson, Professor at SUNY, at 1:30 pm EDT on April 10, 2006

Nonsense

No objective test can discriminate — the bubble reading machine doesn’t care about your race or such.

Kevin, Undergraduate, at 3:40 pm EDT on April 10, 2006

12 angry men

Hmm….hmmm

Just imagine how many parents, students who were disappointed with the results of the test? Simply how many people do you think scored below 1200 – and felt wronged? Can we say 90% of test takers? And that is such a huge pool of jurors, who want to get even with the College Board – and this case is godsend to them.

Lets imagine what is the percentage that scored over 1300 of the old test? Maybe less than 5%; I wish the judge who sits to hear the case; be the one who scored less than 1200 and his parents wished him to be an MD and is African American, wow.

Kevin, I believe you love the College Board, but this is a class action – 500,000 test takers – lets assume each one is awarded 20 million in damages [this is because there are great lawyers – who can assess the projected income of the plaintiffs – which was harmed because of the corrupted test] now put your money where your mouth is, save the College Board, bubble reading machines and contribute to them, before they go belly up – if you do own shares of College Board – I do not know what to advice you about them – those papers can be useful for other purposes.

College Board will be found guilty 1600 times or the new one; guilty 2400 times.

David Robertson, Professor at SUNY, at 6:35 pm EDT on April 10, 2006

Allowing a private corporation total (secret)control over the determination of one’s score on the crucial SAT with no public oversight is a disaster just waiting to happen. Oops, I mean it has been happening. What the individuals or public are not privy to is: how long has this practice been covered up and what other machinations may been going on behind the scenes. This exposure sounds eerily similar to the e-voting scandels now in the media. Secret and Private are two words that evoke no trust in Educational Testing nor in Elections.

Margaret, at 8:05 pm EDT on April 10, 2006

objectivity and discovery

Professor Robertson, It is unlikely that this case will ever be before a jury. Why? In simple terms: most civil cases never make it to juries. Secondly, it appears that the parties are seeking equitable relief (that is, release of information), to which one is generally not entitled to a jury trial.

As a substantive matter, a lot of this lawsuit (as it is reported) seems ill-conceived. Indeed, if the parties are intending to use discovery material just to disclose it to others (and brag about it), they are going to have to explain how the relief that they were seeking was just a guise to get discovery material. (Also, if disclosure of information is the ultimate goal of a lawsuit, such an order is generally immediately subject to review.)

But, I would be interested in seeing the actual complaint.

Also, Mr. Robertson, there was no mention in the article of discrimination. However, I don’t see what is wrong with discriminating against people on the basis of their test scores. Only lazy people (and, of course, underage drinkers) score badly on tests. Maybe if the families of low-scorers would make them study, and throw out the TV and car keys, they wouldn’t have the embarrassment of a low-scorer.

Kevin, Whether the test is “objective” or not is a more nuanced question. Of course there is an answer that will be scored correctly, but it is only correct because such a resolution of the problem is generally accepted. Whatever the case, I have no patience for people that score badly on standardized tests or people that make excuses for them.

Larry, at 8:05 pm EDT on April 10, 2006

What if they were all wrong

Margaret, Let me ask you this: what would be wrong with completely random scoring? After all, it isn’t as if top notch schools ever conclude that they erroneously admitted someone because the SATs failed. If they have been making mistakes all along, then perhaps they don’t really make much difference anyway?

Larry, at 10:05 pm EDT on April 10, 2006

Only lazy people (and, of course, underage drinkers) score badly on tests.

And those of us who might have learning disabilities that makes it difficult for us to fill in the bubbles. For example, I have a visual processing disorder which causes the bubbles to appear to be moving around in front of my eyes. As you can imagine, this made it very difficult for me to fill in the right bubble, even when I knew the answer (and also induced fits of nausea and made it very difficult to stay focused). My parents wondered for years why I was doing so poorly on standardized tests; I certainly wasn’t lazy or drunk.

This is not such an uncommon problem, and as there are probably many students with diagnosed or undiagnosed visual processing disorders and other learning disabilities, I feel that your statement that people who fail tests are lazy or drunk is completely out of line and unfairly oversimplifies a very complex issue.

Sam, at 4:35 am EDT on April 11, 2006

disabilities

While I sort of sympathize about your disability, I think it is manifestly unfair to give you an advantage over people without such a learning disability. (For some reason, people only bring up their learning disabilities after they do poorly on an important standardized test.)

It is a tough world out there. Some colleges only want the best of the best. They don’t care for excuses, unless legally forced to. (In my culture, it is dishonorable to make excuses.) While I am sure that there are things that you can do with your disability, a learning disability does prevent people from doing many things nearly as well as people without such a disability.

Larry, at 7:55 am EDT on April 11, 2006

Forgive me if I missed the sarcasm...

I would like to believe that you are simply satirizing the erroneous assumptions of elitism, Larry. Unfortunately, my recollection of your many similarly arrogant posts leads me to believe otherwise. Allow me to speak for those of us without your vast life experience and superior intellect.

First, thank you for reminding us of the “tough world” in which most of us live. I’m not sure when you were able to visit it, but I’m glad you somehow absorbed that fact. Perhaps you also noticed how many people are trying to improve life for themselves and their families here. You may find this hard to believe, but most of them are doing so without resorting to ‘dishonorable excuses.’ In fact, many of them are attending college, working full time, and otherwise contributing to their communities despite doing poorly on standardized tests. It turns out they weren’t lazy drunks after all. But I guess you wouldn’t have noticed that because you don’t have any patience for people who score badly on such exams.

Although I’m sure your patience is wearing thin even now, might I suggest you take a look outside your own class? You may be surprised at how many competent and even intelligent people you find—people who deal with all types of disabilities and setbacks. You may even find others who have chosen to live here among them when they too could have joined the self-inflating circle of good test-takers. Why would these individuals want to leave the social incompetence of the more “intelligent” culture when their test scores would allow them to stay? How could they possibly want to understand and interact with those deemed less-worthy by such a valuable standard? Perhaps I could explain it to you. But I doubt you would have any patience for that, either.

Melina, at 10:10 pm EDT on April 14, 2006

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