Minnesota Students Win Lawsuit

K-12 Testing

Students taking part in a class action lawsuit against testing company NCS Pearson over mis-scored exams in Minnesota (see Examiner, Summer, 2002) will receive millions from the company in a settlement. The exact amount is confidential until final details are set on how the money will be distributed among the students, but Allen Oleisky, the judge in the case, said the figure was “in the millions.”


The trial was set to begin on October 7. Just weeks before the settlement, the students had won the right to seek punitive damages against the company after Oleisky concluded that the students’ lawyer had presented enough evidence to show that the scoring error was preceded by years of quality control problems at NCS.


The final amount received by individual students among the 8,000 who were wrongly told they failed will vary based on the hardship they suffered as a result of the error. Many students were unable to participate in graduation, had to attend summer school or had plans such as college or work disrupted.