FOR IMMEDIATE RELEASE
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February 22, 2017
New York Judge Dismisses Test-Taker Lawsuit Against Conference
A New York state court judge has dismissed a lawsuit filed against the International Conference of Funeral Service Examining Boards (“The Conference”) by a graduate of the American Academy McAllister Institute of Funeral Service, Inc. (“AAMI”) challenging The Conference’s invalidation of his scores on the National Board Examination (“NBE”). The case is Kurbatsky v. The International Conference of Funeral Service Examining Boards, et al., Index No. 8821-15, State of New York Supreme Court, Columbia County.
In December 2015, the plaintiff filed suit against the Conference, eleven members of its previous and current Board of Directors, and its Executive Director, after the Conference invalidated the plaintiff’s NBE scores following discovery of his involvement in the examination security breach at AAMI. The plaintiff alleged that the invalidation of his NBE scores violated his constitutional rights and breached his test-taker agreement, among other claims. On January 23, 2017, Judge Richard M. Koweek of the New York Supreme Court (Columbia County) granted the Conference’s motion to dismiss all of the plaintiff test taker’s claims.
Judge Koweek’s order dismissed the lawsuit in its entirety. Among other things, the judge ruled that the Conference is not a government actor subject to constitutional claims by disgruntled test takers, and that the plaintiff had failed to show that he had sustained damages sufficient to claim breach of contract. The plaintiff has notified the court of his intent to appeal this ruling.
As a result of this ruling, only three of the seventeen lawsuits filed by AAMI graduates whose NBE scores were invalidated are pending against the Conference. The remainder of the lawsuits have been dismissed or settled. The Conference continues to pursue efforts to amicably resolve the remaining lawsuits.
As always, individuals with information regarding any previous or potential NBE security breach are encouraged to contact The Conference at firstname.lastname@example.org or https://theconferenceonline.org/report-concern. By working together, members of the funeral service profession and The Conference can ensure the security and integrity of the NBE, as well as the continued value the NBE offers as a component of the licensure process and public protection.
The International Conference of Funeral Service Examining Boards is a not-for-profit 50(c)(3) corporation providing examination services, information, and regulatory support to funeral service licensing boards and educators, governmental bodies and other regulatory agencies. The Conference develops, administers, scores and maintains the National Board Examination NBE) program and other state examinations designed to assess entry-level competence of applicants seeking licensure in the funeral services profession. www.theconferenceonline.org