Standardized Testing Issues: Legal Advocacy for Students and Professionals

Standardized testing is a gatekeeper to educational advancement and professional licensure across the United States. Whether it’s the SAT, LSAT, USMLE, or a state-mandated graduation exam, test outcomes often determine future opportunities. But what happens when something goes wrong?

At Ratliff Jackson LLP, we represent students, parents, and professionals whose lives have been disrupted by testing irregularities, denial of accommodations, cheating allegations, or score cancellations. These disputes can have long-term consequences — including lost admissions, delayed licensure, or unjust academic discipline.

We help you navigate legal options, engage testing entities, and protect your future. Our firm serves clients throughout New Jersey, Pennsylvania, and beyond.

Types of Standardized Testing Disputes We Handle

We advocate for examinees at all educational and professional levels, including:

• K–12 testing (e.g., New Jersey Graduation Proficiency Assessment (NJGPA), Keystone Exams, PSAT, AP)
• College admissions tests (SAT, ACT)
• Graduate and professional school exams (GRE, GMAT, LSAT, MCAT)
• Professional licensing exams (USMLE, NCLEX, PRAXIS, bar exams)

Typical issues include:

• Wrongful accusations of cheating or misconduct
• Denial of testing accommodations in violation of the ADA or Section 504 of the Rehabilitation Act
• Score cancellations without notice or explanation
• Improper test administration (e.g., distractions, timing errors, or proctor misconduct)
• Technical problems with remote or computerized testing platforms
• Biased or discriminatory testing conditions

We are especially experienced in dealing with national testing providers like College Board, ACT, Inc., ETS, Pearson VUE, and NBME — as well as public school districts and state education agencies.

Legal Grounds for Challenging Testing Outcomes

Testing entities and schools do not operate in a legal vacuum. Examinees are protected by several important legal frameworks:

Americans with Disabilities Act (ADA)

Title III of the ADA requires that standardized testing organizations offer exams in a manner that is accessible to individuals with disabilities. This includes extended time, separate rooms, assistive technology, and more. The U.S. Department of Justice affirms these obligations in its ADA Guidance for Testing Accommodations.

Section 504 of the Rehabilitation Act

Section 504 ensures that public schools and federally funded institutions accommodate students with disabilities. Denial of accommodations can amount to unlawful discrimination under federal regulations.

State Due Process Laws

If a school district imposes disciplinary consequences based on test results (e.g., denying graduation), students may be entitled to due process under state law. For example, New Jersey Administrative Code § 6A:8-5.1 governs high school graduation requirements, including appeal rights for graduation assessment issues.

🔹 Contract and Procedural Rights

Testing organizations such as the College Board and NBME are bound by their published policies and honor codes. We regularly challenge unilateral score cancellations that violate their own due process standards.

Real-World Situations We Help Resolve

A high school senior is accused of cheating on the NJGPA

Without being given a hearing or chance to respond, a student is informed their test score has been invalidated — threatening their graduation. We intervene with the school district, demand a due process hearing, and push for test reinstatement or retesting.

A student is denied extended time on the SAT

Despite having a well-documented ADHD diagnosis and a long-standing 504 Plan, the College Board denies accommodations. We submit formal appeals backed by medical evaluations and challenge the denial under the ADA.

A nursing candidate’s NCLEX results are “under review”

After completing the NCLEX, the candidate receives no score and no explanation. We initiate formal inquiries and escalate the case with the National Council of State Boards of Nursing (NCSBN).

❖ LSAT or USMLE score canceled after vague misconduct claims

The test administrator alleges “irregular behavior” but provides no specifics. We push for the investigative file, challenge procedural defects, and fight to preserve the client’s professional future.

Why Legal Representation Matters

Testing disputes are often opaque and intimidating. You may face:

• Tight appeal deadlines (sometimes 10–14 days)
• Vague accusations with no documentation
• Unfair power dynamics between individuals and large institutions
• Irreversible consequences like missed admissions cycles or delayed licensing

An attorney can compel disclosure, protect your rights under federal and state law, and — where necessary — initiate administrative appeals or litigation.

We also work proactively — helping students secure accommodations before the exam date to avoid future disputes.

How We Work with Clients

When you retain our firm, we:

1. Review your exam issue and applicable rights
2. Obtain policies and internal documentation
3. Communicate with the testing body, school, or licensing board
4. File formal appeals or initiate legal proceedings if needed

We know the timelines, the players, and the pressure you’re under — and we help level the playing field.

Protect Your Academic and Professional Future

Don’t let a testing error derail your goals. Whether you’re a student, a parent, or a professional candidate, the right legal intervention can restore fairness — and your future.

To schedule a confidential consultation, call 856-209-3111 or visit our consultation request page. Our office is located at 811 Church Rd., Cherry Hill, NJ 08002, and we proudly serve clients throughout South Jersey and Southeastern Pennsylvania.

Frequently Asked Questions (FAQs)

1. Can I sue the College Board or ACT if my test score is unfairly canceled?
   Yes, in some cases. While these organizations are private entities, courts have permitted contract and procedural due process challenges, especially where students were denied the chance to respond or appeal.
2. What counts as a disability for purposes of testing accommodations?
   Any physical or mental impairment that substantially limits one or more major life activities (e.g., reading, concentrating, writing) may qualify under the ADA. This includes ADHD, dyslexia, anxiety disorders, and more.
3. How soon do I need to file an appeal or legal challenge?
   Immediately. Many testing organizations allow as little as 7–14 days for appeals. Waiting can cost you your rights.
4. Can you help before the test is administered?
   Absolutely. We assist clients in obtaining accommodations before the test and ensuring that testing conditions meet legal requirements.
5. Do you only represent students in New Jersey or Pennsylvania?
   No. While we’re based in Cherry Hill, NJ, we handle many national exam-related cases where the legal dispute is administrative and not tied to state court jurisdiction.
6. Can I get accommodations without a 504 Plan or IEP?
   Yes. A formal school plan helps, but you can also qualify by presenting a comprehensive medical or psychological evaluation that documents the need for accommodations.