In the 1989 case Richardson v. Lamar CountyBoard of Education, the Alabama Supreme Courtfound NES to have "violated the minimumrequirements for professional test development"when it had created teacher tests for Alabama,according to the report.

For Haney, the Alabama decision addscredibility to his report's claims of poor testadministration.

"This company has been documented to produceshoddy work," he says.

NES spokesperson Dominic F. Slowey says thesecharges are less than credible.

"That test [in Alabama] was developed twentyyears ago," he says. "That test bears noresemblance to the Massachusetts test."

Slowey stresses NES's 25-year track record as anational testing organization and its extensivework in multiple states.

He also says that even before the report, NEShad been conducting an in-house assessment of itstesting.

Fowler says this system of evaluation is notonly inherently biased toward NES, but alsoout-of-line with the expected norm forstandardized test companies.

"I'd suspect that NES is going to conclude thatNES did a great job in creating this test," hesays. "This is asking the used car dealer to havehis mechanic inspect the car they're going to sellyou."

Slowey characterizes some of the criticismsaimed at NES as deriving from people looking for ascapegoat.

"It's not unusual to have the test challengedbecause people who failed look for an excuse," hesays.

State education officials echo this comment,saying that those who fare badly tend to be themost vocal.

"People who are satisfied aren't going tocomplain. People aren't going to jump up and downand say, 'What a fantastic test," says KevinCarleton, spokesperson for John Silber, Chair ofthe State Board of Education.

Political Power Play

In a strange series of events, politics andeducation coalesced to produce the April versionof the MECT.