In ACT Test, Standardized Testing

Somerset County Judge Michael Rogers of New Jersey has ruled that a New Jersey teen can sue the ACT and the clause that limits test takers to binding arbitration (thus forfeiting their right to sue) is “unconscionable” and “void as against public policy.”

This allows other test takers the opportunity to cite Judge Rogers’ ruling in their own lawsuits. Of equal importance, it can also potentially force the ACT to open its score review policies to the rigorous scrutiny which, because of limited discovery rules, wasn’t available under the arbitration option.

We will eagerly watch this development and we fully expect the ACT to appeal this ruling and argue that disclosing their score review policies would jeopardize the test’s integrity.

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