COVID-19 summary: This is a class-action complaint brought by four parents and a public charity against the College Entrance Examination Board and Education Testing Services for breach of contract on behalf of all students registered to take at-home Advanced Placement (AP) exams, for the defendant’s failure to administer its AP exams without prejudice. The suit was filed after students experienced a series of technical difficulties with their AP exams, administered at home by the defendant due to COVID-19. The plaintiffs alleged that the defendant breached contract by failing to ensure a fair and equitable testing opportunity and that the defendant knowingly discriminated against under-resourced and disabled students, and students in remote locations. The plaintiffs sought injunctive relief, compensatory damages exceeding $500 million, and punitive damages. No outcome yet.
In March 2020, the College Board moved AP exams to be administered at home due to the COVID-19 pandemic. Prior to the exams, counselors and educators communicated concerns that the at-home exams were not fair to students who had no access to a computer, internet, or quiet workspaces, under-resourced students, and students requiring accommodations. The plaintiffs claimed that prior to the exams, the defendants acknowledged that the “digital divide” could prevent low-income and rural students from participating, however, they did not change their policies to address the issues. After three days of at-home exams, the defendant announced that there were failures in uploading the exams due to technical difficulties. According to reports, anywhere between 5% to 20% of examinees were unable to submit their responses during the first three days of exams. The plaintiffs noted that many students relied on AP exam scores for the financial benefits of college placement and credit.
On May 19, 2020, four parents and the National Center for Fair & Open Testing brought suit against the College Entrance Examination Board and Education Testing Services on behalf of their minor children and all other similarly situated students registered to take at-home Advancement Placement (AP) exams. The plaintiffs alleged that the defendants breached their implied contract by failing to ensure a fair and equitable testing opportunity and by failing to prevent anyone from gaining an unfair advantage. The plaintiffs also alleged that the defendants knowingly discriminated against under-resourced students, disabled students, and students in remote locations in violation of the Americans with Disabilities Act, the Unruh Act, and the Rehabilitation Act. They further alleged unfair competition, false advertisement, and negligence. Filed in the District Court of the Central District of California, the plaintiffs sought injunctive relief requiring the College Board to accept any test answers by timestamp, photo, and email, as well as compensatory damages exceeding $500 million. The plaintiffs also sought punitive damages, pre- and post-judgment interests and costs. The plaintiffs also sought class certification and a jury trial. The plaintiffs were represented by the Miller Advocacy group and private attorneys. The case was assigned to District Judge Philip S. Guitierrez and Magistrate Judge Pedro V. Castillo.
The plaintiffs filed an amended complaint on June 22, 2020, and the defendants sought to stay the case pending arbitration on August 31. A hearing is scheduled for November 2. The case is ongoing.
Averyn Lee - 09/21/2020
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