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Testing Company May Pay $7 Million

ST. PAUL, Minn.- The testing company that wrongly scored thousands of exams required for high school graduation agreed to pay up to $7 million to students as part of a settlement, attorneys announced Monday.

Students who didn't get to attend their graduation ceremonies will be eligible for up to $16,000. Those who went through the ceremonies but experienced some lesser consequences, such as being forced to attend summer school, would receive less.

"We think the results were outstanding. We're thrilled," said Joe Snodgrass, an attorney for the students.

The settlement comes almost 2 1/2 years after state education officials disclosed that NCS Pearson used the wrong answer key on 47,000 tests given in February and April 2000. About 8,000 students, from eighth-graders to high school seniors, were told they failed when they had actually passed. Several dozen missed their class graduation ceremonies because of it.

Jake Plumley, 21, of St. Paul, who now paints houses for a living, couldn't participate in his commencement at Harding High School because of the error. He'll be eligible for $16,000.

Plumley picked up his diploma, and an apology, two months late in a near-empty school. He said the settlement helps ease the pain, and he hopes it teaches the testing company and others a lesson. But he said it can't put everything right.

"It's a big gap in my life that I wish I wouldn't have gone through," Plumley said. "Nothing can pay back what was taken from me."

Snodgrass said the class-action settlement is worth up to $12 million because NCS Pearson will pay attorneys fees and take steps to reach students who may be eligible for part of the settlement.

Lindsay Arthur, an attorney for NCS Pearson, said the company considers it a fair settlement and agreed to it out of a desire to move on.

"NCS is in the business of scoring tests, not in the business of litigating lawsuits," Arthur said. "They wanted to put this behind them."

The state has since switched testing companies to Maple Grove-based Data Recognition Corp.

The class-action lawsuit against the British-based NCS Pearson, formerly National Computer Systems Inc., was due for trial in early October when attorneys for the students and the company reached the settlement. The settlement has already received preliminary approval by a judge before details were announced Monday. Final approval is pending.

The testing giant has already given checks to more than 60 families and granted college tuition vouchers to at least a dozen seniors.

— Brian Bakst
Testing Company May Pay $7 Million
Associated Press
Nov. 25, 2002
http://www.lasvegassun.com/sunbin/stories/nat-gen/2002/nov/25/112501435.html

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