Special Education

Suit Targets ACT on Student Privacy

By Catherine Gewertz — August 21, 2018 3 min read
  • Save to favorites
  • Print

A group of college-bound students with special needs and their parents have filed suit against ACT Inc., claiming the test-maker illegally disclosed to colleges that they have disabilities.

The class action, filed Aug. 6 in U.S. District Court in Los Angeles, challenges the way the Iowa-based company uses information about students with disabilities. It collects that information as part of the “profile” students fill out online as they register for the college-admission exam, as well as an information form that students complete on the day of the exam.

Introductory text in the profile tells students they can skip any question they don’t want to answer but says it’s intended to “help you think about your future education and to help colleges in their planning.”

Instead of keeping it confidential, though, the suit says, ACT shares it with colleges by “flagging” their test-score reports, indicating that the scores were earned by someone who took the exam with accommodations.

ACT and the College Board, which sponsors the SAT, agreed years ago to stop flagging the test scores of students who take the exam with accommodations, after that practice drew widespread criticism.

But the new lawsuit says the version of the score report that ACT sends to colleges shows information about disabilities, while the version that goes to students and their high schools does not.

Influencing Admissions?

Using students’ personal information that way “stigmatizes” them as they apply to college, Rahul Ravipudi, a lawyer on the students’ legal team, said in a statement.

Edward Colby, a spokesman for ACT, said the company doesn’t comment on pending litigation.

The lawsuit also takes issue with ACT for selling students’ information to colleges, scholarship programs, and other organizations for recruitment and marketing.

It says that ACT sells a searchable database to enrollment managers at colleges, billing it as a way to find the “right students for your institution” and provide the right support so students can succeed.

That information, however, can also help colleges “create markets that intentionally exclude categories of students based upon the data elements provided, including students with disabilities,” the suit says.

“ACT profits off these violations and uses them to gain an edge in the marketplace over its only competitor, the College Board, which does not disclose students’ disabilities to colleges and universities,” the lawsuit says.

The students—from families in California, Colorado, and Nevada—claim that their work prospects could also be affected because the data report created by ACT’s WorkKeys assessment, a popular career-readiness test, suggests that they took that exam with accommodations.

“Tens of thousands of employers may have access to this data at any given time,” the lawsuit says.

The lawsuit describes how ACT’s information-sharing practices played out for the students.

Halie Bloom, who lives in Newport Beach, Calif., graduated from high school this past spring. Because of attention deficit hyperactivity disorder and a reading disability, she’s had an individualized education program, or IEP, since middle school.

Bloom took the ACT several times with approved accommodations. ACT acquired the information about her disability in her test registration. The score reports it sent to the colleges she requested included a notation that she had a “learning or cognitive disability.”

Bloom will attend the University of Arizona in the fall. But she believes that colleges and scholarship organizations may have declined to consider her after ACT shared her disability status with them.

“I was shocked to learn that ACT was using my disability information against me and making it more difficult for me to get into college and get the money I need to go to college,” Bloom said in a statement. “I’m speaking out, because I know that someone has to stand up for all of the students who are scared about how their disabilities will be used against them.”

The lawsuit seeks a court order that would bar ACT from collecting or disclosing students’ disability status to third parties as of the next administration of the test, in September. It also seeks damages for violation of students’ privacy and civil rights.

A version of this article appeared in the August 22, 2018 edition of Education Week as Suit Targets ACT on Student Privacy

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Most—But Not All—Imperiled Federal Grants for Special Education Will Continue
The U.S. Department of Education says it wants projects aligned with Trump administration priorities.
5 min read
Scarlett Rasmussen, 8, tosses a ball with other classmates underneath a play structure during recess at Parkside Elementary School on May 17, 2023, in Grants Pass, Ore. Chelsea Rasmussen has fought for more than a year for her daughter, Scarlett, to attend full days at Parkside.
A student who receives special education services tosses a ball during recess at Parkside Elementary School on May 17, 2023, in Grants Pass, Ore. Several recipients of grants awarded under the Individuals with Disabilities Education Act learned Friday that the U.S. Department of Education would continue their grants for another year, provided they certify their projects align with Trump administration priorities.
Lindsey Wasson/AP
Special Education 4 Ways Principals Can Better Support Special Education Teachers
Special education teachers need support from their principals to avoid burnout, says a researcher. Here's how to offer it.
3 min read
A special education teacher helps a student with their work.
E+
Special Education Fears Grow That Trump Will Cut Special Education Support Funding
Advocacy organizations are warning members to brace for "hundreds" of grant terminations.
12 min read
Vivien Henshall, a long-term substitute special education teacher, works with Scarlett Rasmussen separately as other classmates listen to instructions from their teacher at Parkside Elementary School on May 17, 2023, in Grants Pass, Ore. Chelsea has fought for more than a year for her 8-year-old daughter, Scarlett, to attend full days at Parkside and says school employees told her the district lacked the staff to tend to Scarlett’s medical and educational needs, which the district denies. She was born with a genetic condition that causes her to have seizures and makes it hard for her to eat and digest food, requiring her to need a resident nurse at school.
Vivien Henshall, a long-term substitute special education teacher, works with Scarlett Rasmussen separately as other classmates listen to instructions from their teacher at Parkside Elementary School on May 17, 2023, in Grants Pass, Ore. Organizations that represent recipients of federal grants that pay for statewide special education infrastructure have told their members to prepare for their in-progress grants to be cut.
Lindsey Wasson/AP
Special Education Principals Don't Always Understand Special Education. That's a Problem
Principals want more special education training. Here's how one state is offering it.
Image of special needs student working with tablet computer.
iStock