Company warned against future mistakes

Tuesday, Aug. 27, 2002 | 9:05 a.m.

CARSON CITY -- A national educational testing company Monday was warned it would lose its $4.8 million in state contracts if it commits another major blunder.

The state Board of Education voted 6-4 Monday to approve a $425,000 fine against Harcourt Educational Measurement for mistakes in grading examinations of more than 700 Nevada high school students, and Jack McLaughlin, state superintendent of public instruction, warned company officials: "If there is another error of any sort, it's over."

Those board members dissenting on the fine agreement said the company should be made to pay money to the parents and students for their pain and suffering when they were notified the students failed the math high school proficiency test but later discovered they had passed.

Dean Nafziger, president of Harcourt, told the board steps have been taken to ensure there won't be repeat errors. He said additional money is being spent on equipment and staff to make sure the tests are graded correctly.

"We're stepping up to the plate," he said.

Nafziger also agreed to reimburse the school districts for the work and materials they spent in sending out the corrected scores to schools.

In grading the high school math proficiency tests given in April, the company informed 736 high school sophomores and juniors they had failed. Harcourt initially suggested the students needed to correctly answer 42 of the 60 questions on the math test to pass, but then it corrected the error, saying the students needed only 41 correct answers.

Judy Costa, test director for the Clark County School District, said she appreciated Harcourt acknowledged the error, but she complained that the company failed to return the tests in the 28 days required by the contract.

Joanne Lenke of Harcourt said the test results were delayed because the company found items that needed to be corrected.

Board member Jan Biggerstaff of Las Vegas said the delay in the test results didn't sound good if it was the result of questionable errors. She said there have been 22 problems with Harcourt in the last six months.

Board member Merv Iverson of Las Vegas said it was human error that caused the mistakes and that he believes the service will improve.

"They are putting their reputation at stake in Nevada and across the country," Iverson said. "If this happens again, their ship is going to sink. We can be assured this will not happen again."

Board members Marcia Washington and Patricia Rocha, both of Las Vegas, wanted the company to pay money to the students. Washington said a letter of apology from Harcourt was not sufficient.

Nafziger said the company was concerned about the anxiety parents and students suffered, but he did not promise any compensation.

At least one attorney has solicited the parents and students, saying they may be entitled to damages.

Rocha, Washington, Theresa Malone of Las Vegas and Barbara Myers of Carson City voted against accepting the settlement.

Malone cited late delivery of test materials, saying some material was sent to the wrong districts and some of the material was illegible.

Acting board President Gary Waters said the mistake has "been an embarrassment to our state, but I believe we can go forward to mediate this and make it a better test."

Harcourt conducts and grades the high school proficiency test and examinations for third and fifth graders. It is working with the state to develop a test for eighth graders.

The $425,000 penalty calls for $275,000 to go to the state Department of Education; $100,000 to the school districts for services they desire; and $50,000 for books for the school districts.

Harcourt has agreed to pay for an independent oversight group to monitor its performance for the remainder of the contract that ends June 30, 2003.

The company also agreed it will hold the state harmless for the foul-up. It will indemnify the state if there are lawsuits to collect damages.

Voting to accept the settlement were Biggerstaff, Waters, Hawk, Iverson and John Gwaltney and Peggy Bowen, both of Washoe County.