The Wyoming Department of Education will seek damages from the company responsible for administering the state's standardized tests for public schools, Superintendent of Public Instruction Jim McBride said Wednesday.

Bugs in online testing software from NCS Pearson caused problems for nearly every district when schools began the 2010 Proficiency Assessments for Wyoming Students exams on Monday. Glitches caused frozen computer screens and program shutdowns in the middle of testing.

One test loaded sections so slowly that a student asked if he could read while waiting for the next question, McBride said.

"Those are just unacceptable problems, because what we're doing then is testing the technology and not the students," McBride said during a news conference in Cheyenne.

This year's PAWS tests are being administered on a new testing platform, TestNav7. McBride said there was an agreement last year between the department and NCS Pearson that tests would not be given on a new system unless it was vetted and fully tested.

When problems were revealed in January, NCS Pearson promised that everything would be fixed before testing, McBride said.

"Words can’t adequately describe the anger and frustration I feel for Wyoming students, staff and administrators," said McBride, a Republican who faces at least two GOP challengers in his bid for re-election this year.

Problems were detected during pre-test tutorials for the PAWS. Most problems have been software-based, but emerging problems seem to be tied to district networks, McBride said. Only one district did not report problems with the actual test: The Natrona County School District is out of session for spring break.

School districts revised original test schedules and gave students special instructions to avoid problems. After it was discovered that the tab key caused the program to shut down, students in Lincoln County School District 2 in Star Valley were told to use the space bar.

"That can be a real frustration to a kid who does what he’s always done and he loses his entire assignment," Star Valley Superintendent Jon Abrams said.

NCS Pearson has been providing in-state technical support to districts this week, said company spokesman Adam Gaber. The software is being continually updated, and districts have been able to continue testing. NCS Pearson released a statement apologizing for the inconvenience the problems have caused.

The state will administer more than 169,000 tests this year. Since Monday, about 20,000 tests have been taken. Students have not been allowed to retake tests, but tests taken during problematic times will be compared other tests for validity.

Districts have five weeks to complete assessments for students in third through eighth and 11th grades in reading, math and writing. Students in fourth, eighth and 11th grades are also tested in science. The tests are used to measure "adequate yearly progress" under the No Child Left Behind Act. Schools that do not make AYP are subject to "corrective action."

"Federal law requires a state assessment, so failure is not an option," McBride said.

The state began using online testing systems in 2006 through Harcourt Assessments. NCS Pearson purchased Harcourt in 2007, and the department signed on with the new company.

In 2008, an error in calculating AYP on 2007 tests was discovered, and three schools were incorrectly classified as not making AYP. A printing error on the 2008 test results sheets switched expressive writing scores with expository writing scores, and vice versa.

Despite past problems, the department signed a four-year, $40 million contract with NCS Pearson in 2009.

The latest problems worry McBride, he said, and the department will likely extend the testing window a few days past the April 8 end point.

Reach education reporter Jackie Borchardt at (307) 266-0593 or at jackie.borchardt@trib.com. Read her education blog at tribtown.trib.com/reportcard