The US Attorney’s Office for the District of New Jersey reached a settlement with a Princeton-based standardized Testing company over claims that it violated the rights of test-takers with disabilities, the office announced Monday.

Between October 2017 and April 2020, the federal government received multiple complaints alleging that Educational Testing Service (ETS) violated the Americans with Disabilities Act of 1990 with respect to its Testing Accommodations process and procedures, according to a statement from the office.

The non-profit organization develops standardized tests including the Praxis, the Graduate Record Examinations (GRE) as well as the SAT and the AP exams.

While the complaints, which were brought by multiple people, varied by the particular circumstances, they all involved candidates with disabilities who stated that they were denied testing Accommodations on the GRE and Praxis examinations, according to a copy of the settlement.

They also alleged that ETS delayed providing a final response to a request for a particular testing accommodation, thus preventing the testing candidate from taking the relevant ETS-administered examination with the needed testing accommodation, the settlement stated. People also claimed they faced unnecessary delays or confusing requirements to obtain and utilize needed testing accommodations.

Under the settlement, ETS has agreed to comprehensive reforms that will require timely determinations on any requests for testing accommodations and to narrow the organization’s inquiries related to requests for accommodations, the office said. They also agreed to pay damages to several complainants – up to $10,000 – who sought testing accommodations that were denied or delayed.

“This office will not tolerate discrimination in any form and will work tirelessly to ensure equal access to educational opportunities,” U.S. Attorney Philip R. Sellinger said in a statement. “This agreement compels ETS to make systemic reforms and ends an unfair process for considering requests for testing accommodations. Through this settlement, thousands of Americans with disabilities will be given a fair shot in seeking admission to higher education.”

An ETS spokesperson told NJ Advance Media the company will meet the requirements of the agreement and defended its past practices in terms of ADA-compliance.

“Since 2018, ETS has processed tens of thousands of requests for accommodation,” the spokesperson said. “It is important to note that this investigation was based on a handful of complaints filed over a three-year period. ETS has been fully cooperative throughout this investigation and will continue to meet requirements of this settlement agreement. ETS has a long-standing history of leading in the field of accessibility and accommodations on high-stakes tests and we continue to fully comply with the ADA.”

The office asked anyone who felt that they have been a victim of discrimination to file a complaint with Civil Rights Enforcement or call the U.S. Attorney’s Office Civil Rights Hotline at 855-281-3339.

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Chris Sheldon may be reached at [email protected].