ACT edCorp. v eKnowledge

Multi-billion dollar private equity firm suing to exert monopoly control over the way schools, teachers, parents, and students are allowed to prepare for the exam!

Who we are

My name is Scott Hildebrandt, JD, MPA. For the past 20 years, I've dedicated myself to leveling the playing field by providing free and low-cost SAT and ACT prep to over 300,000 students—mostly military and homeschool families.

This mission is deeply personal for me. As the son of an Air Force fighter pilot, Lt. Col. Jay D. Hildebrandt, who was the first in his family to attend college, I grew up hearing stories of his humble beginnings. My grandfather was a share cropper who raised his family without electricity, and my dad told us how they often picked dandelions from the yard for food. My family’s journey from poverty to possibility is a living testament how a college education can change EVERYTHING for generations!

Driven by the belief that every student, regardless of their background or their family's financial situation, deserves a fair chance at higher education, I've personally funded this organization, and through the years we developed the PowerPrep for the SAT and ACT–a program that has proven astonishingly effective in raising scores. In fact, independent data collected from public schools over three years confirms that our programs benefit all students across the learning spectrum. Whether the student begins with a 14 or a 28, the PowerPrep boosts their ACT scores by an average of at least 4 points, with many students adding 10 to 13 points (out of a possible 36). But this is not just about numbers; it's about opening doors to opportunities for those who might otherwise be left behind.

In response to that success, a coalition of concerned educators, providers, and stakeholders are founding The National College Test Prep Foundation (NCTPF). The NCTPF will use the PowerPrep to fulfill its mission to provide world-class SAT/ACT prep that every school, parent, or student can afford!

The Program ♦ Research ♦ Educator Endorsements

What we’re up against

A multi-billion dollar private equity firm controlled by a group of California corporate elites purchased the 65-year old public interest, not-for-profit ACT exam and immediately sued in federal court to enforce monopoly control over the way schools, teachers, parents, and students are allowed to prepare for the exam.

If they succeed, a similar fate will befall the 125-year old public interest SAT exam organization.

Purpose of this site

This website is meticulously designed to deliver detailed and accurate insights into the lawsuit filed by Nexus Capital against the use of retired ACT questions. Our goal extends beyond mere information; we aim to shed light on the second and third-degree impacts this legal action will have on students, schools, teachers, and parents across the nation.

Our Mission is twofold:

Inform: We provide comprehensive, reliable information to the general public, journalists, politicians, and social media influencers, ensuring that everyone has access to the facts.
Mobilize: Simultaneously, we raise the alarm about the profound implications of this lawsuit on equal and fair access to viable ACT materials and prep. We invite those who share our concern to join this fight, to stand with us in preserving the principle that schools, teachers, parents, and students should have fair and equal access to viable ACT prep.

If you haven’t already signed the petition, please consider doing it now! Change.org/KeepACT4all

How you can help

Spread the Word:

Share this critical information with your friends and families–especially the link to the Petition: Change.org/KeepACT4all Use social media, community forums, and word-of-mouth to raise awareness. Every voice counts.

Connect with Reporters and Media:

Engage with journalists, traditional media outlets, and social media influencers that focus on education. By providing them with detailed, reliable information, we can ensure this issue gets the coverage it deserves.

Connect with Legislators:

Reach out to state and federal legislators. They have the power to influence policy and public opinion.

Connect with Resources:

We need support from people, foundations, and organizations with the resources to make a difference. If you know of or are part of such entities, connect us with them.

For Specific Ways to Help:

To find out how you can directly contribute, click on "How to Support" in the main navigation bar at the top of the page. There, you'll discover various actionable steps from signing petitions to donating, each tailored to help us preserve access to fair and equal SAT and ACT preparation.

What others are saying

"THE ACT HAS BECOME A PUBLIC GOOD, RELIED UPON BY MILLIONS OF STUDENTS TO REALIZE THEIR COLLEGE DREAMS. THAT'S WHY IT'S INAPPROPRIATE FOR SUCH A SIGNIFICANT EDUCATIONAL TOOL TO BE RUN BY A PROFITEERING PRIVATE EQUITY FUND."

Randi Weingarten, president of the American Federation of Teachers

"THE POTENTIAL HERE TO TAKE A TRUSTED BRAND LIKE THE ACT AND USE IT TO LAUNDER MORE PREDATORY BUSINESS MODELS IS VERY CONCERNING TO ME."

Charlie Eaton, Sociology Professor at UC Merced
Author of the book, "Bankers in the Ivory Tower" (University of Chicago Press, 2022)

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ACT nexus is misleading investors, the public, and the education establishment

"The only thing that's changing is our tax ID"

"The core mission of ACT will remain unchanged..."

"We are still the same ACT that people know and trust."

"We are not veering an inch from our mission,"

Janet Godwin, ACT Nexus' CEO

EACH STATEMENT IS PATENTLY FALSE!

Message from Mr. Scott Hildebrandt, JD MPA, eKnowledge SAT/ACT PowerPrep

My name is Scott Hildebrandt, and for over 20 years, I have been at the helm of eKnowledge, an SAT/ACT Prep organization found at eKnowledge.com/NFHS. Despite our small size, we've made a significant impact, having helped over 300,000 families, mostly military and homeschooled students.

From the very start, eKnowledge has operated with the spirit of a not-for-profit, prioritizing accessibility and effectiveness over profit. Our approach has proven extremely effective, as shown by the success of the students we've supported.

I am thrilled to share that eKnowledge is on the cusp of a new chapter. We are joining forces with The National College Test Prep Foundation, a new public interest not-for-profit organization. Their mission resonates deeply with ours: to provide world-class SAT/ACT preparation at a price point that is affordable for every school, parent, or student. This partnership marks a pivotal moment in our journey to ensure that quality test preparation remains within reach for all, continuing our legacy of leveling the college test prep playing field.

Understanding the Nexus Capital Lawsuit Against Public Domain ACT Questions

Public Domain Release: Since 1959, ACT nfp voluntarily released retired exam questions into the public domain, as required by their public mission. This was not a policy but a practice that encouraged educators, students, and organizations like ours to utilize these questions for preparation for the past 65-years. Also, these retired questions have no economic value to the test maker since they cannot be reused on future exams.

Public Funding: It's crucial to recognize that the development of the ACT exams was significantly funded through billions of public tax dollars, underscoring the public's investment in this critical educational tool.

The Nexus Capital Takeover: In a stark departure from this tradition, and their stated public mission, Nexus Capital, after taking over ACT in April 2024, is now attempting to exert copyright control over these retired questions. This move is not only a reversal of long-standing practice, a violation of their restated mission, but also an attempt to monopolize a resource that has been freely available for public use, aiming to control how students prepare for the ACT.

Our Role: We, like countless others, have followed the precedent set by ACT nfp for over 65 years by using these public domain questions to provide affordable and accessible preparation for students, particularly those from military and homeschool families. Our actions were in line with the ACT nfp mission, and the restated mission of Nexus Capital, and consistent with what ACT nfp had promoted for 65 years.

There are many other vital public interest issues in this case, but this is the first one.

Research: While ACT/Nexus is a multi-billion-dollar conglomerate backed by a vast team of lawyers, I am just one person standing between them and all US students. Despite their formidable resources, ACT/Nexus is legally and morally wrong in this case. However, Professor Bryan Wheelock, a highly respected IP attorney and professor, conducted an independent evaluation of the case. His conclusion was clear: ACT/Nexus would not prevail on the merits. Click here.

Nightmare Outcome: If Nexus Capital succeeds, it will not only stop us from supporting hundreds of thousands of new military and homeschool families and students, but also more importantly here’s what else is at stake:

Broad Impact on Students: The consequences would ripple out to affect all students, particularly hitting hard on non-traditional learners, military members, homeschoolers, and those from financially disadvantaged backgrounds. In the past, the ACT has been a beacon of hope, an equalizer in the college admission process.
Financial Barriers: Without access to free or low-cost preparation materials, families unable to afford the $2,000–$5,000 for private tutoring would find themselves at a significant disadvantage. This isn't just about money; it's about stripping away opportunities for those who need them the most.
Monopoly on Education: Nexus Capital's control will eliminate competition, leaving parents, teachers, and schools with no choice but to accept Nexus Capital's offerings at whatever price they set. This monopolistic grip will stifle innovation in test preparation and limit educational choices, reducing the quality and accessibility of education for many.
Precedent for the SAT: This move by Nexus Capital will open the path for a similar takeover of the SAT, establishing a privatized outcome where standardized testing, meant to democratize access to higher education, becomes another tool for profit, widening the gap between the haves and have-nots.

Time is critical as ACT Nexus is pushing to expedite this case before we can secure qualified legal counsel. We have filed a motion in Federal Court asking for additional time to raise public awareness and support, and to find expert representation capable of vigorously defending these crucial issues. However, there's no assurance that the court will approve this motion, so we are proceeding with urgency.

We welcome any and all assistance. If you possess sufficient resources to aid in retaining appropriate legal counsel, or if you are part of a public interest IP firm, or if you have specific ideas on how you or your organization could join this fight, I would be delighted to meet with you. Let's come together to discuss collaborative strategies that will protect students, parents, schools, and teachers, ensuring ACT test prep remains accessible to everyone, not just those chosen by Nexus Capital Management.

Sincerely,

Scott Hildebrandt, CCO
eKnowledge PowerPrep ACT/SAT