College Board Sues N. Texas Test-Prep Company Over Exams

Ok. Let's start at the beginning. The test is supposedly closely guarded/monitored by the college board, right? The PSAT is not administered by PISD, rather the college board. PISD just makes their facility available to the students out of convenience. Why, then, would a PISD High School Principal be given a copy? Isn't the College Board MONITORING the tests? I don't understand how the tests are not ACCOUNTED for before and after the test is administered! So it seems that someone under the college board's direction had to know that a test was given to Mr. Novotny - or someone - that it was missing, right? So how can the college board assume that the PSAT being administered wouldn't be compromised? Seems to me that the college board is trying to cover their own track by placing blame on someone else. Is it Karen Dillard's fault that they allowed a test to get into someone else's hands? NO! It is Karen Dillard's job to prepare students for testing. If she used information from the PSAT in order to educate her students without duplicating the test itself, there is no copyright infringement. So I guess it's ok for people to have access to the information if the college board is getting the money(because they offer prep materials too,)but not for Karen Dillar's prep school.

I couldn't agree more Sasha- I just moved to Houston after having sent both my boys to Karen Dillard and they both got into Ivy League schools- not because Karen cheated but because she taught them how to take a highly biased and subjective test and score well. She is the best at what she does and would NEVER subject her reputation to this kind of abuse for a stupid "live" question or two. Those of you posting that she's guilty obviously aren't intelligent enough to understand the American judicial system. You see, in this country you are presumed INNOCENT until proven guilty. Maybe you guys should retake YOUR SAT tests!

Wow. This is getting heated. Judging from the "hang her high" sentiments expressed by John and Debroah it looks like someone needs to pop a Valium and take some time off to visit Disney World! Maybe there they can get a life and stop condemning people without knowing all the facts!!;)

Has Sasha, Monica, or Honney read the lawsuit posted by Carolyn? Karen Dillard will be found guilty, the question is on how many charges.

Monica, because we are free US citizens we don't have to presume anyone innocent that has committed flagrant criminal acts like Karen has...the jury has that obligation.

Karen is the one being sued, the one who has students whose students scores are in jeopardy, the one holding and using documents in an illegal manner, the one whose high school daughter has to face her peers everyday in a very uncomfortable atmosphere...and you want us to presume she is innocent? Forget it, I'll leave that to the jury. In our eyes she is guilty

Why don't the people from Houston latch onto a local Houston story and be a pain in the rear to those folks.

My guess is that the CB will be awarded damages of $1.2 million, and Karen will be forced to close at least two of her locations. Eventually she will go totally out of business because the public has lost trust.

Hey Kenny ~
Plano is my hometown, and your news IS local to me. Also, the CB has said that the students' test scores are NOT in jeopardy. Seems like you might be closely linked to Deborah! And yes, I have read the bogus lawsuit - that is why I am posting. The law says that people are innocent until proven guilty. Just because YOU say Karen is guilty, does not mean that is everyone else's perception. Your "guessing" is just that - guessing. Have a fabulous day!

The CB would not file a bogus lawsuit. It would be too costly (read below). On the Karen Dillard being guilty part, you are right...it's perception (until the jury finds her guilty-which they will)...and in this case perception is reality (and Karen will pay through the nose financially, socially, and emotionally).

Critical Issues Before Filing Copyright Lawsuit:
Retaining an attorney to craft nonfrivolous arguments for your claim may be advisable as a means of avoiding sanctions
While every lawsuit may have a different set of parties and facts, Rule 11(b) of the Federal Rules of Civil Procedure, the set of rules that govern how and under what conditions claims are litigated in federal court, imposes constant requirements on counsel, litigants who represent themselves and parties who bring their copyright claims to federal court. Simply stated, the standards of Rule 11(b) require an "inquiry reasonable under the circumstances" on the part of lawsuit participants and their attorneys with respect to how they develop their claims and present them to the court.

Claims Must Be Supportable

Especially important to note is that the failure to abide by the provisions of Rule 11(b) can lead to sanctions against an attorney or party. Among other factors, the court can look at whether an attorney or party's conduct was willful or unskilled. Court-ordered sanctions could include payment of the other party's litigation expenses as well as the other party's attorney's fees. It is no small matter, then, to see that copyright claims are based on sound footing under the federal rule requirements and existing case law.

Kenny...aka Mr. Lawyer ~

The same applies to CB! THEY should take YOUR advice. You rock!

What I don't understand is how KD is even keeping up with her students without using those College Board tests. When I worked there (several years ago), the tests were a HUGE part of the curriculum. The gist of the curriculum was that the students would take them over and over again. I never saw an original test - they were all from the CB. The day-to-day course material was her own, but many of the practice problems were also taken from the CB tests. I wonder how's she's conducting the tests now - without using the books from CB?

Sasha wrote:

Ok. Let's start at the beginning. The test is supposedly closely guarded/monitored by the college board, right? The PSAT is not administered by PISD, rather the college board. PISD just makes their facility available to the students out of convenience. Why, then, would a PISD High School Principal be given a copy? Isn't the College Board MONITORING the tests? I don't understand how the tests are not ACCOUNTED for before and after the test is administered! So it seems that someone under the college board's direction had to know that a test was given to Mr. Novotny - or someone - that it was missing, right? So how can the college board assume that the PSAT being administered wouldn't be compromised? Seems to me that the college board is trying to cover their own track by placing blame on someone else. Is it Karen Dillard's fault that they allowed a test to get into someone else's hands? NO! It is Karen Dillard's job to prepare students for testing. If she used information from the PSAT in order to educate her students without duplicating the test itself, there is no copyright infringement. So I guess it's ok for people to have access to the information if the college board is getting the money(because they offer prep materials too,)but not for Karen Dillar's prep school.

No offense, but apparently you don't know how the tests are administrated.

I think some of the people here may be confused about what is actually alleged in the CB petition. THe petition alleges essentially two things: (1) that KD violated the CB's copyright rights by making copies of old tests without paying the required copyright royalty to the CB (the old tests are available for purchase from the CB) and (2) after the 10/17/07 PSAT exam was administered, the PISD Principal provided a copy of that exam to KD. At the very least, there is no way it can be alleged that the KD students who took the 10/17/07 PSAT had an unfair advantage. Even if KD was provided a copy of the test as alleged, this occured after the students took the test. The CB alleges that it intended to re-use some of the questions from the 10/17/07 test, but because of this alleged security breach, it is forced to prepare new questions at a cost of $625K. KD claims it did not believe it owed a copyright royalty to the CB for the old tests because the materials were being used for educational purposes, which is an exempt use. KD denies it was provided a copy of the 10/17/07 test.

How do you know so much about Karen? And why is it YOUR concern what she is putting this daughter through? In my opinion, you should not judge on their honesty until you develop a close personal relationship with them. The news spews absolute lies nearly half the time!

Deborah wrote:

B Ball fan, Karen Dillard
1. Tried to make a side deal with the College Board for them not to sue
2. Marked the PSAT test they had as PVA meaning "Pirated Version"
3. Used information from a live SAT.
Etc, etc, etc.
Have you not read the lawsuit or the news articles? Karen Dillard is guilty as sin, the only question will be the total damages she will incur. Will it be limited to the $ 625,000 or will it be in the millions?
She is so stubborn that this is liable to go to a jury trial, and if it does she is burnt toast. I hope she is reading this and decides to admit all fault, come clean and go on with her life. She has a child who is a sophomore going to school here in Plano. The nerve of Karen to put her child through all of this. For that reason alone I would advise parents to not send their child to Karen Dillards now or anytime in the future.
<quoted text>

Anne wrote:

How do you know so much about Karen? And why is it YOUR concern what she is putting this daughter through? In my opinion, you should not judge on their honesty until you develop a close personal relationship with them. The news spews absolute lies nearly half the time!
<quoted text>

I agree that news stories are not always correct, but there is a real live lawsuit filed with real live charges.
You can judge honesty without a close personal relationship. What should I invite Karen over for a BBQ? Well, I would, but I don't want her to steal anything from me.
I AM concerned about what her daughter is going through, she's in 10th grade...imagine all the whispers in the halls, the looks, the lawsuit. Do you remember being a teenager? Something like this could be devastating.
Anyone who is so greedy that they don't consider how it will affect their child is sick. And that kind of person should be prosecuted to the fullest.
I do hope everything works out for her daughter and the other kids whose parents forked over $$$$.
One last thing, Karen is using the "i didn't know" defense. Do you remember Enron? She is going to fall just like they did, because it's a crock that she "didn't know".
Are you related to Karen? Maybe you ARE Karen.

Karen Dillard is now suing the College Board. I am a parent who has paid in full and my student has used the Karen Dillard materials extensively. Further, my child is taking the test this Saturday. What should I do?
A. Nothing
B. Demand my money back and withdraw my student
C. Take the test as it would be good practice anyway, and then later if the test is thrown out sue Karen Dillard
D. Take the test, sue the College Board if the test is thrown out.
E. All of the above
F. C and D

I work at a public university where the SAT is given, and Ms. Karen Dillard as well as her employess regularly present themselves to take the exam after paying the fee. I was told this is legal, but I personally think this is unethical for very obvious reasons. If you take the exam several times, you will remember portions of the exam enough to coach others about it. No wonder they claim to boost SAT scores.

How do you know I'm in 10th grade?

Deborah wrote:

<quoted text>
I agree that news stories are not always correct, but there is a real live lawsuit filed with real live charges.
You can judge honesty without a close personal relationship. What should I invite Karen over for a BBQ? Well, I would, but I don't want her to steal anything from me.
I AM concerned about what her daughter is going through, she's in 10th grade...imagine all the whispers in the halls, the looks, the lawsuit. Do you remember being a teenager? Something like this could be devastating.
Anyone who is so greedy that they don't consider how it will affect their child is sick. And that kind of person should be prosecuted to the fullest.
I do hope everything works out for her daughter and the other kids whose parents forked over $$$$.
One last thing, Karen is using the "i didn't know" defense. Do you remember Enron? She is going to fall just like they did, because it's a crock that she "didn't know".
Are you related to Karen? Maybe you ARE Karen.

Anne wrote:

How do you know I'm in 10th grade?
<quoted text>

Whoever you are you're not Karen Dillard's daughter (her name is not Anne). If you want to be absurd, comment on another article.

just like you, "Deborah" I am using an alias. So my question is: How do you know so much about me?

my daughter went there. She went faithfully 3 times a week and took many practice tests. Yet her test scores never improved at all. Is the a lawsuit for students also? Do/Are we entitled to get our money back.???

Monica wrote:

I couldn't agree more Sasha- I just moved to Houston after having sent both my boys to Karen Dillard and they both got into Ivy League schools- not because Karen cheated but because she taught them how to take a highly biased and subjective test and score well. She is the best at what she does and would NEVER subject her reputation to this kind of abuse for a stupid "live" question or two. Those of you posting that she's guilty obviously aren't intelligent enough to understand the American judicial system. You see, in this country you are presumed INNOCENT until proven guilty. Maybe you guys should retake YOUR SAT tests!

So your boys learned how to take the tests and pass. Will that actually help them in their Ivy League school or was is only successful in them getting into the ILS? I am interested in knowing how they are doing academically now?

I just went into Karen dillard today, and I noticed there were hardly any tests left in the test bank! Why? Because most of her tests supposedly violated copyrights.Furthermore, I, and the majority of people in the program have paid the money to be in it 3 years. Now
with barely 14 tests, thats like less than 5 tests a year! When I first entered the program there were far more tests! now i believe i deserve a refund because the quality of the program has obviously decreased!