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SAT gets sued

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You just knew this was going to happen: as this Newsday report attests, a Minnesota high school student has sued the nonprofit College Board and the for-profit Pearson Educational Measurement, which has offices in Minnesota's Hennepin County, in state court following reports of erroneous scoring of the tests.

4400 students were scored too low, while 600 were scored too high, following the October administration of the test. Students whose scores were made too low had their results corrected, but the College Board has declined (fearing lawsuits, perhaps?) to fix the inflated scores. The suit seeks class action status, of course ($$$ for lawyers) and asks for a refund of the test fee as well as a rescoring of the inflated grades.

Why a refund of the test fee? Are the students not currently using the paid-for scores? And what are the grounds for suit? Perhaps Minnesota is one of the few states that recognizes the dubious "negligent infliction of emotional distress"? [Johhny was so distraught when his test score was misstated!] Note that the plaintiffs' law firm has tasted blood before: it won a multimillion-dollar settlement from Pearson in 2002 for scoring errors in Minnesota that affected more than 8,000 students.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.