I’ll say this…the HSs involved have well known and ethical counselors. I am certain they take ED commitments seriously. Not to be pedantic, but a counselor’s role is to advise. They have no control over a student’s/family’s decision making.
All universities play a game. Tulane - and a few others - play the “ED Selectivity game” (come up with something more catchy. 
) Some universities have REA. Some focus on “holistic review”. Some focus on a recalculated GPA (of which that recalculation is their special sauce). Some are focus for first generation or international. And the list goes on.
Play the game the school wants you to play if you want to be admitted… or look to any of the other 3K Universities that play a game that’s more to your liking.
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If the school is held accountable, like it has in this case, what is the counselors’ recourse? Can they refuse to send mid term and final transcripts to other schools if the ED contract is broken for a reason other than financial affordability?
I don’t think so, that would violate a bunch of other ‘rules’/guidelines. I don’t know specifics what these families told the counselors for the reason for reneging on ED, but for example if the family said anything to do with affordability, even if the counselor thinks the family has millions in assets and just doesn’t want to pay full boat, the counselor is not in a position to challenge that. They really can’t challenge any reason, like ‘we want the kid closer to home’ etc etc etc.
Could they not admit a future sibling? Probably (these were private high schools.) But they really can’t stop supporting the college search for the current senior. The kid is the owner of their transcripts and educational record.
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I’m still not clear what it is that I said that you are disagreeing with.
It would be nice if you can sign contracts where breaking the contract brings no penalty to yourself, even though it may result in penalties against other people who do not have control over whether you break the contract.
Disagreeing with your assertion that this is an unscrupulous practice.
Okay. We disagree on that one. Thanks for the clarification. 
It sounds like you are saying if families start deciding it is in their best interest to apply ED and then ignore the agreements they signed, there is nothing at all that the high schools, including private ones, can do about it other than not admit siblings (which is likely not an issue for most seniors as only a small percentage would have siblings 8th grade or lower). While I’d find such an approach by said families unethical, it also seems highly problematic if we have a system (not just Tulane) that requires counselors to sign an agreement that they have no ability to impose any consequences on, yet they and their school can be punished if an unethical family chooses to violate.
The high school absolutely can impose consequences. A note in the school report that they violated their ED agreement with x university, etc. Make it an honor code violation and suspend the student, etc.
That does not seem to be what the poster I asked this question said, which is why I am asking him if his assertion is that there is nothing the school can do.
Can a counselor refuse to sign an ED agreement? I’ve not seen the agreement from the HS’s side to know what it is they are technically signing off on. If it’s just “sign here to validate that you’ve explained to the student/family what it means to apply ED” then it’s a checked box. Obviously it would be a VERY bold step for a counselor to refuse to sign an agreement.
I have no idea either other than that the counselors at my kids school said to us that they had to sign as well. My kid did not ED so I have no personal knowledge of the process.
Seems like a potential FERPA violation, no?
Remember, many HSs (maybe most at this point?) can’t by law and/or policy, divulge disciplinary actions to colleges. So if a student literally broke the law or led a huge cheating scandal in their HS (just to take a couple of examples), the HS counselor (or teachers) can’t divulge that if they work in such a state/or in such a school. Reneging on an ED agreement seems quaint compared to that. Some colleges ask the student about their disciplinary history in their application questions, most don’t.
Another issue is that colleges have already been accused by the DOJ of collusion when there was some (allegedly) sharing of ED names in prior practices. Colleges are more careful now.
Again, the counselors are in a position where they advise. They can’t take a position against a family regarding the family’s own finances or what the parents think is best for their kid.
Everyone knows an ED agreement is an ethical not legal ‘contract.’ We also all know there is a wide range of ‘ethics.’
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This is the ED agreement. All parties sign the same agreement. A counselor declares that they advised the student of the ED commitment. I don’t know what basis a counselor could have to not sign the agreement.
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Thanks - yeah, agree - can’t see what basis a counselor would have for refusing to sign. Even if the parents/student made it known during the conversation that they wouldn’t abide by it… if the counselor advised them - they checked the box.
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It is surprising that this is still a topic of debate. Tulane is clearly playing the ED game, and families can choose to participate if they agree with the terms—or opt out entirely. There are many excellent colleges to choose from.
If there is a legitimate financial reason, a student may be released from an ED commitment, and the school counselor can be notified accordingly. Beyond financial circumstances, I personally cannot think of valid reasons for not enrolling in an ED school once admitted. Early Decision is not meant to be a tool for shopping around.
The counselor does have a role to play: reminding the student to withdraw all other applications and ensuring that no additional applications are submitted through school portals (and thus no further materials are sent).
Anecdotally, I know of a student who applied ED to one school while also applying EA to another private school, which violates ED rules. The EA interviewer happened to be the parent of a classmate who knew the student had already applied ED elsewhere. Call it karma.
Typical ED agreements are like
For student
I wish to be considered as an Early Decision candidate at ________. I have read and understand my rights and responsibilities under the Early Decision process.
For parent
As the parent/legal guardian, I will ensure that the applicant abides by the Early Decision commitment outlined above.
For counselors
As the counselor, I have advised the applicant to abide by the Early Decision commitment outlined above.
It is not against the ED rules to apply EA to a private school. Some restricted EA schools prohibit an ED app.
I’ve told the story of a student who applied ED and restricted EA in one of my kid’s classes. Student told the whole AP class one day. By the end of the next day, both colleges pulled the student’s app because classmates and/or parents called the colleges and told them. At the school where I work, we have a staffer who spends a considerable amount of their time investigating claims of ‘issues’ with other kids’ apps that classmates and/or other parents contacted us about.
ETA: I also know there are counselors who don’t know that’s against the rules. Especially social emotional counselors who’ve had no college counseling training and have a 600 student cohort they are responsible for.
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IMO a school like Tulane invites this kind of problem when they engage in practices in which a student’s only reasonable chance of admission is to apply ED. It’s not unreasonable to think that a 17-year-or who applies under pressure might have second thoughts after the fact.
How has the college been harmed when an applicant backs out of an ED agreement? The typical settlement in any other such breach would be a financial penalty, not forcing compliance with the original agreement, i.e. forcing the student to attend.
OTOH, forcing a student to attend a college against his/her will could cause great harm. I wonder how many students who are accepted and submit a deposit later change their minds and break this agreement by going elsewhere. Colleges seemed to have no problem pulling students off wait lists right into the summer just this past year. It was unusually high numbers last year, but this happens every year. Why is it okay for colleges to do this, colluding in having a student break hus/her agreement with another college, but it’s not okay for the student to initiate the breach? Why is breaking an ED agreement so much more sacred than breaking an RD agreement?
Specifically with regard to Tulane, they accepted 432 applicants off their wait list for fall, 2024. That’s a high number. 432! So, Tulane is saying “Din’t break your agreement with us”, but they think it’s perfectly okay to invite you to break your agreement with someone else when it benefits them. 
False equivalency. Breaking an enrollment agreement, which is what a student does if released from another WL, comes with a financial penalty.
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