A class action lawsuit has been filed against the ACT claiming the test organization has been using information from students with learning disabilities in ways that have harmed their college admissions chances and career opportunities. The ACT has not been keeping the disability information confidential. While the score reports the applicants and their high schools see do not mention the accommodations, the ones sent to the colleges do.
The lawsuit, linked near the top of the paragraph above, states, “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.”
As part of the ACT’s response to this lawsuit, the standardized testing organization informed the U.S. District Court in Los Angeles that, as of September 15, it no longer flags the scores of students with disabilities. This essentially led U.S. District Judge George H. Wu to deny an injunction against the ACT on September 27 that would have prevented them from continuing to share the disability information with colleges.