New Jersey testing center sued over alleged SAT printing error

By Shaun Zinck | Jul 17, 2015

The Educational Testing Service in New Jersey is being sued for failing to correct an error on the SAT test that gave students an extra five minutes on a section of the test.   Shutterstock

TRENTON, N.J. (Legal Newsline) - A New Jersey educational testing organization is being sued over an alleged error that was printed on this year's SAT test that ended in one of the sections not being scored for students.

Jennie Whalen filed the lawsuit June 22 in U.S. District Court in New Jersey against the Educational Testing Service for not correcting an error that gave students an extra five minutes on two different sections of the test.

The plaintiff says the printing error gave some students the extra minutes on either the math or reading section. The lawsuit said some proctors caught the error and only allowed the correct 20 minutes to complete the section.

Students who were given the extra five minutes were sent an email stating the sections would not be scored as a result of the error.

Originally, the testing service would allow students to retake the test, however, since the lawsuit has been filed it is offering students to take the test again in October for free.

“However, this long delay in being able to retake the test will not make the class whole and does not reduce or eliminate damages for the June 6 test takers,” the lawsuit said.

Whalen is seeking class status in the lawsuit, and is also seeking damages in excess of $5 million plus court costs.

Whalen is represented by Bradley K. King of Ahdoot & Wolfson PC in West Hollywood, Calif., and Jasper D. Ward IV of Jones Ward PLC in Louisville, Ky.

U.S. District Court District of New Jersey case number 3:15-cv-04210.

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