Lawsuit contends state owes fired TNReady contractor $25.3M

The company fired last year by the state Department of Education after major problems came up in trying to implement a then-new student testing system has filed a legal claim contending the state wrongfully broke the contract. State officials won’t comment on the matter, reports Chalkbeat Tennessee, but the company’s president will.

Henry Scherich says Tennessee owes Measurement Inc. $25.3 million for services associated with TNReady, the state’s new standardized test for its public schools. That’s nearly a quarter of the company’s five-year, $108 million contract with the state, which Tennessee officials canceled after technical problems roiled the test’s 2016 rollout.

So far, the state has paid the Durham, North Carolina-based company about $545,000 for its services, representing about 2 percent of the total bill, according to a claim recently obtained by Chalkbeat.

Measurement Inc. filed the claim with the state in February in an effort to get the rest of the money that it says it’s owed. Since then, lawyers for both sides have been in discussions, and the company filed a lawsuit in June with the Tennessee Claims Commission. The commission has directed the State Department of Education to respond to the complaint by Nov. 30.

“We’re moving forward,” Scherich told Chalkbeat when asked about the status of the talks. “… We’re simply asking to be paid for the services we provided.”

… “Our lawyers and the state’s lawyers are still skirmishing each other,” he said. “…They argue about lots of things. It’s kind of like we’re establishing the ground rules for how this process is going to proceed.”

… Tennessee’s dramatic testing failure started on Feb. 8, 2016, when students logged on during the first morning of testing and were unable to load TNReady off the new online platform developed by Measurement Inc. The fallout culminated several months later when McQueen fired the company and canceled testing altogether for grades 3-8. In between were months of delays after McQueen instructed districts to revert to paper-and-pencil materials that would be provided by Measurement Inc. under the terms of their contract. Many of those materials never arrived.

…The Tennessee Department of Education “unilaterally and unjustifiably ordered the cancellation of all statewide electronic testing that occurred on February 8, 2016, following a transitory slowdown of network services that morning,” the claim says.

… The claim also charges that McQueen’s subsequent order to substitute paper test materials was “unnecessary and irresponsible” and impossible to meet because of the logistical challenge of printing and distributing them statewide in a matter of weeks.

2 Responses to Lawsuit contends state owes fired TNReady contractor $25.3M

  • Cannoneer2 says:

    Looks like Measurement Inc. failed. As a taxpayer, I hope the contract was written to ensure payment only in the event of success.

  • Kay White says:

    If I am not mistaken, the test came back incorectly which were done. But again, this is part of the problem. This extra testing occurred because of the new curriculum, Common Core, also known as Tennessee Standards. I am sorry but we need to get off the testing band wagon and get back to teaching the children. What was wrong with the old fashioned way of testing? We are in this mess because we participated with them in the first place!

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