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
School & District Management Webinar
Leadership in Education: Building Collaborative Teams and Driving Innovation
Learn strategies to build strong teams, foster innovation, & drive student success.
Content provided by Follett Learning
School & District Management K-12 Essentials Forum Principals, Lead Stronger in the New School Year
Join this free virtual event for a deep dive on the skills and motivation you need to put your best foot forward in the new year.
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
Privacy & Security Webinar
Navigating Modern Data Protection & Privacy in Education
Explore the modern landscape of data loss prevention in education and learn actionable strategies to protect sensitive data.
Content provided by  Symantec & Carahsoft

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 Can AI Help With Special Ed.? There's Promise—and Reason to Be Cautious
Some special education professionals are experimenting with the technology.
3 min read
Photo collage of woman using tablet computer and AI icon.
iStock / Getty Images Plus
Special Education Many Students Can Get Special Ed. Until Age 22. What Districts Should Do
School districts' responsibilities under federal special education law aren't always clear-cut.
4 min read
Instructor working with adult special needs student.
iStock
Special Education How a Mindset Shift Can Help Solve Special Education Misidentification
Many educators face the problem of misidentification of special education students. Here are strategies educators are using to fix it.
3 min read
Timothy Allison, a collaborative special education teacher in Birmingham, Ala., works with a student at Sun Valley Elementary School on Sept. 8, 2022.
Timothy Allison, a collaborative special education teacher in Birmingham, Ala., works with a student at Sun Valley Elementary School on Sept. 8, 2022.
Jay Reeves/AP
Special Education Impact of Missed Special Ed. Evaluations Could Echo for Years
The onset of COVID-19 slowed special education identification. Four years later, a new study hints at the massive scale of the impact.
6 min read
Blank puzzle pieces in a bunch with a person icon tile standing alone to the side.
Liz Yap/Education Week with iStock/Getty