U. of California Faces Bias Lawsuit Over ACT/SAT Requirement

Updated (10/29/2019, 6:43 p.m.) with comment from the College Board.

Lawyers representing students, the Compton Unified School District, civil-rights groups, and college-access organizations said on Tuesday that they planned to sue the University of California unless it drops its ACT/SAT requirement.

In a letter to the system’s regents, the lawyers allege that the testing requirement violates state civil-rights laws. They describe their clients as well-qualified students who as a result of the requirement “have been subject to unlawful discrimination on the basis of race, disability, and wealth.”

The potential lawsuit apparently would be the first to take direct aim at a college’s ACT/SAT requirement. This legal curveball comes as the influential university system is once again scrutinizing its reliance on college-entrance exams. Recently, members of UC’s Academic Senate began a study to determine whether the ACT and SAT are useful measures of academic performance . (Test scores are among the 14 factors the university considers in its evaluations of applicants.)

The Academic Senate’s forthcoming recommendations, expected next year, could have far-reaching implications for the testing industry. After all, the mammoth university system is the SAT biggest customer; if it stopped requiring the test, many other institutions might follow suit. And then the ground beneath the feet of legions of college applicants could shift.

In their demand letter, lawyers for the potential plaintiffs distinguished between the university’s internal study and a potential lawsuit: “This is not a discretionary policy decision; it is a legal obligation, and it is urgent.”

The letter alleges that requiring admission exams discriminates against underrepresented minority students, multilingual learners, and students with disabilities. Moreover, the letter contends, that discrimination is exacerbated by unequal access to test preparation.

“The admissions process must take place on a level playing field … that rejects privilege and wealth as decisive factors,” Mark Rosenbaum, a lawyer for Public Counsel, a pro bono law firm based in Los Angeles, said during a teleconference on Tuesday. The university’s testing requirement “creates unlawful barriers for talented and qualified students with less wealth.”

Rosenbaum added that his clients want UC to end testing requirements — and not just make them optional for applicants.

The letter to the UC system, delivered on Tuesday, urges officials to respond within 10 working days. “Now is the time for the regents to step up and do the right thing,” Rosenbaum said, “or else we will see them in court.”

Claire Doan, a spokeswoman for the university, declined in an email to comment on the letter.

In a written statement, Zachary Goldberg, a spokesman for the College Board, said that the letter contained several incorrect assertions: “The notion that the SAT is discriminatory is false,” he said. “Any objective measure of student achievement will shine a light on inequalities in our education system.

“Our focus, with our members and partners, is combating these longstanding inequalities,” he continued. “More than 140 school districts and county offices of education across California, including some of the largest and most diverse districts in the state, support using the redesigned SAT as part of their efforts to improve college readiness and break down barriers to college.”

Eric Hoover writes about the challenges of getting to, and through, college. Follow him on Twitter @erichoov, or email him, at eric.hoover@chronicle.com.