Class action lawsuit against ACT- Disabilities

The truth is that the college should know. I’d expect there to be requests for special treatment in college too–wherever that might be.

This seems very strange in that a college would rely on additional information that may have been given in registering for the test back when kid was a junior. A lot can change - including where a kid wants to go to school, majors, size. I am a bit skeptical of this new revelation as it relates to non-disability issues.

@barrons, why should the college have a right to know? This is a pretty broad statement. So someone in a wheelchair has to inform the college prior to acceptance? A student with a LD who never used ACT/SAT accommodations, has an obligation? That’s ridiculous. Certainly, there is room for debate when a student is given accommodations in school or on testing. But your blanket statement reveals underlying prejudice.

https://www.businesswire.com/news/home/20180807005834/en/Students-Disabilities-File-Class-Action-ACT-Test

https://truthinamericaneducation.com/privacy-issues-state-longitudinal-data-systems/act-sued-by-disabled-students-over-release-of-personal-information/

@LvMyKids2 given yield protection, I am quite sure that information is there because colleges want it.

^the second article was posted on this topic by another in the parent’s forum. I also posted there. I don’t know anything about the website.

Not all colleges play the “level of applicant’s interest” yield protection game to determine admission decisions. However, it should be presumed that all non-open-admission colleges will attempt to predict each admit’s probability of matriculating in order to admit the correct number of students to get the desired number of matriculants, so your level of interest could affect whether other students at the margin of admit/reject are admitted or rejected.

However, since a student taking the ACT or SAT may not know which colleges s/he will apply to, and hence not know whether any (particularly ones that could be seen as “likely” by stats) play the “level of applicant’s interest” yield protection game, avoiding giving optional information that is likely to be used for that purpose would be a good idea.

@barrons, why should they have that information? It is illegal for them to use it in a discriminatory manner, so there’s no reason to have it until a student enrolls.

ACT actually publishes a sample of the report it sends to colleges, see here http://www.act.org/content/dam/act/unsecured/documents/2017-18-College-Rpt-sample-data.pdf The report includes in “Information Reported By the Student,” whether the college is applicant’s first choice and the applicant’s preferred type, location, and size of a college, and provides a yes or no to the question whether the applicant has a “Physical/learning Ddsability.”

Also, one of the interesting factors in the case will be the applicant’s consent since when you sign up for a test, there are terms and conditions that you agree to but are seldom read which include your consent to providing information, including the personal information collected, to colleges. It creates the dual issue of whether the consent is adequately explained and whether those under 18 can give such consent without their parents providing it.

No need to YELL. One of the articles expressed concern that indicating where the test was taken can indicate whether it was taken under non-standard conditions.

The ACT and the SAT ask for optional student information when signing up for the test, as well as prior to taking the exam.

The ACT is currently being sued for providing information on the Student Test Reports regarding Learning/Physical disabilities, and without informing students that this information will be shared with colleges, nor asking permission.

This is in violation of students’ rights under The Individuals with Disabilities Education Act.

In addition, any information a student gives, can and will be given to the colleges. If a student indicates their top preference for college location is California, or that they prefer a college with 10-15 thousand students, all schools will see this. This might be good if you are applying to USC, but could impact you if you are applying to Williams. Remember colleges are businesses and they are looking to admit students who will accept their offer (yield).

The wording when signing up for the test, as well as when sitting for the test, is confusing to students. Additionally, not all proctors know that this information is not required. My son’s school told him he had to fill it out, even though I told him in advance not to.

If you have already taken the ACT (or the SAT) you can go online and alter your student profile. Then call the ACT/College Board and tell them you don’t want your profile released with your scores. I’m not certain if they will release a copy of the report, but I feel every student is entitled to the copy of the report that colleges will see. The testing report that students (and high schools) receive for the ACT is very different than the one the colleges see.

If you haven’t taken the SAT or ACT yet, carefully consider whether you want to fill in any non-required information.
Please know what you are answering and how this can have an impact on college admissions.

While you may be able to change your registration profile before upcoming tests, it says online that you can’t change your information submitted for past tests.

I’m shocked that a report would include both test scores and student-reported profile information together. The first choice thing could be a huge detriment to the student for admissions purposes.

Although I don’t see it in the report linked in #30, note that the ACT profile filled out by students includes a question on family income level. (D remembers this very specifically because she wasn’t sure what the correct choice was.)

My kids would not have been able to accurately answer the income level question either. I am a tad on the fence since I assumed all along the info was being shared otherwise why collect it. The tests are primarily for colleges and/or the state governments to meet federal needs. It is no secret on the high school transcripts if a student has a learning disability with accommodations and while #3 never felt a need to write an essay about it the assumption was the colleges knew from the transcript. If the student didn’t have a documented disability why check the box or use any time or place or assistance during testing? I am not opposed to the lawsuit as privacy is an important thing but I am also not “outraged.”

"It is no secret on the high school transcripts if a student has a learning disability with accommodations and while #3 never felt a need to write an essay about it the assumption was the colleges knew from the transcript. "

Hadn’t heard that one before. How exactly does your school note LDs w/accomodations? The transcripts our school sends does not mention this.

There was an RR for resource room next to the class number for classes he took that he asked for accommodations. I never worried about it. Being pragmatic I figured if a college was going to ding him for being dyslexic it wasn’t probably anywhere he should attend. He was headed for engineering school and they tend to focus on math and science and he didn’t need or use accomodations for those classes. I would guess he checked the box yes next to the disabilities question.

^“It is no secret on the high school transcripts if a student has a learning disability with accommodations” Really? Are you sure about that? I wouldn’t be happy about that. Neither of my son’s high schools would note LD’s or physical disabilities on the transcript. Additionally, both schools specifically asked if the counselor/teachers could discuss the LD’s in their recommendations.

@momofthreeboys, the wording (on the ACT) leads students to believe that failure to share this personal information could inpact scholarship opportunities as well. These are kids, here. They don’t really know who the ACT is, who the information is going to, or what it is for. Parents are not sitting with them as they fill out these information questions before they sit the test. And, not all proctors understand or communicate that these sections are voluntary. Have you read the questions? It is very confusing. A student might say they do not have a disability, but then might also say they want extra help in college with writing. Or, might have a disability that they have overcome but still check the box.