Orange County, Calif.: “Educational Testing Service said Trabuco Hills High students were allowed to talk, use study aids and send text messages.” So it voided test results for about 400 of them, and is being duly sued by a lawyer representing some. (Seema Mehta, “Testing group reveals why it voided AP exams of about 400 students at O.C. high school”, L.A. Times, Jul. 24).
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Where were the proctors?
So I wonder who had the duty to provide the proper testing environment. If the School had a contract with the testing service that stipulated the terms of proctoring and the School failed then it seems that the School caused a harm to the students by causing their testing session to be voided. Damages would be for what the student lost with the disappearance of their test score. Few hundred dollars for a day of testing wasted, the test fees, and the cost of the college credits at their respective universities. Should work out to be no more than a few thousand each x 375 students. Even actual damages for small torts can wind up pretty steep when you manage to have 375 victims.
I wonder why 385 students had test scores cancelled and the group representing them has only 375. Were the other 10 using some other legal angle, or were they more tainted than the rest.
I wonder why 385 students had test scores cancelled and the group representing them has only 375. Were the other 10 using some other legal angle, or were they more tainted than the rest.
From the cited article:
Ten students later admitted cheating on statistics and economics exams by using their cellphones to send text messages. Use of electronic devices is not allowed during the tests.
The ETS has the following policies which forms a contract between an exam taker and ETS when one registers for an exam: http://www.collegeboard.com/student/testing/ap/exsecurity.html
In my opinion, ETS is legally protected and justified in protecting the integrety of their exams. The honest test taker gets screwed in such instances, but by contract,albeit one of adhesion, they agreed to bear some of the loss for “testing irregularities”
VMS, presumably these high school kids are under 18. Good luck enforcing a contract–particularly one of adhesion–on a minor.