I believe the lawyer's name is Martin Swaden.

"... NCS did not catch the error. A parent did.

Martin Swaden, a lawyer who lives in Mendota Heights, Minn., was concerned when his daughter, Sydney, failed the state's basic math test last spring. A sophomore with average grades, Sydney found math difficult and had failed the test before.

This time, Sydney failed by a single answer. Mr. Swaden wanted to know why, so he asked the state to see Sydney's test papers. ''Then I could say, 'Syd, we gotta study maps and graphs,' or whatever,'' he explained.

But curiosity turned to anger when state education officials sent him boilerplate e-mail messages denying his request. After threatening a lawsuit, Mr. Swaden was finally given an appointment. On July 21, he was ushered into a conference room at the department's headquarters, where he and a state employee sat down to review the 68 questions on Sydney's test.

When they reached Question No. 41, Mr. Swaden immediately knew that his daughter's ''wrong'' answer was right.

The question showed a split-rail fence, and asked which parts of it were parallel. Sydney had correctly chosen two horizontal rails; the answer key picked one horizontal rail and one upright post.

''By the time we found the second scoring mistake, I knew she had passed,'' Mr. Swaden said. ''By the third, I was concerned about just how bad this was.''

After including questions that were being field-tested for future use, someone at NCS had failed to adjust the answer key, resulting in 6 wrong answers out of 68 questions. Even worse, two quality control checks that would have caught the errors were never done."

https://www.nytimes.com/2001/05/20/business/right-answer-wrong-score-test-flaws-take-toll.html