ACT disclosing disabilities and personal info in the reports being sent to colleges

[8filltheheart]

This is shocking.

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

Quote

Unlike the ACT score reports sent to colleges, the teenage test-takers as well as the high schools they attend are intentionally kept unaware of ACT’s practice of reporting confidential disability status to colleges, because the ACT score reports sent to students as well as those ACT score reports sent to the student's high school do not show any disability information.

Plaintiff Halie Bloom is a college-bound, 2018 high school graduate who had an Individualized Education Plan (IEP) under the IDEA and a 504 Plan under the Rehabilitation Act since middle school, and she took the ACT several times with approved accommodations. ACT acquired Ms. Bloom's disability status from her testing registration and annotated her score reports with "learning or cognitive disability" that requires special provisions. ACT disclosed Ms. Bloom's disabilities on all ACT Test score reports sent on her behalf to colleges to which she applied and thereby flagged her score reports. She had no expectation that ACT would include her disability status with her score reports or otherwise ever disclose her confidential disability information.

ACT also sold the details of Halie’s disabilities as part of its enrollment management services without her knowledge or permission, allowing colleges and scholarship organizations to exclude her on the basis of her disability status.

 

Edited August 9, 2018 by 8FillTheHeart

[PinkyandtheBrains.]

 

 

Its very concerning.  I was planning to apply for accommodation for my youngest. This has made me unsure about it. 

[8filltheheart]

Did you follow the link to reports sent to colleges?  I had no clue they included all of that. My kids try to skip all of those questions.  I always assumed the schools received the 5 numbers and that was it.

[Arcadia]

I posted about this yesterday https://forums.welltrainedmind.com/topic/677104-fyi-students-with-disabilities-sue-act-over-release-of-personal-information/

What is not mentioned in your link is this part which is also concerning.

From EdWeek http://blogs.edweek.org/edweek/high_school_and_beyond/2018/08/students_with_disabilities_sue_act_over_release_of_personal_information.html

”The students—from families in California, Colorado and Nevada—claim that their work prospects could be affected, also, 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.”

Link to class action suit https://www.psblaw.com/wp-content/uploads/2018/08/Complaint-ACT_Filed.pdf

Edited August 9, 2018 by Arcadia
Weird formatting

[8filltheheart]

I hope the class action suit wins.

Looking over the info sent to the schools, it shares a lot of information that the majority of student probably had no idea was being sent: school size preference (a 10th grader who filled out that info may have a completely different view now as a 12th grader), location, etc. The max tuition question might be being used by schools filtering through students based on how much need they anticipate. Parents education info, language spoken at home as other filters. List of activities--- that could be an interesting one if a student's profile on the ACT doesn't match their actual application. 

It is one thing for students to share this information directly with schools. It is another to be clueless that it is sent with their score report when it is based on pages and pages of filtering questions when all they want to do is register to take the ACT.

Combine all of that with the ACT's current practice of canceling scores bc of "too much improvement" and you have a gate-keeper with way too much hidden power on their lives of minors.

(makes me glad we focus on the SAT even though it has so many testing flaws.)

Edited August 9, 2018 by 8FillTheHeart

[8filltheheart]

It gets more convoluted: (ACT acquires for-profit nrccua and keeps it as for-profit....data mining extreme)

https://www.insidehighered.com/quicktakes/2018/07/25/act-acquires-nrccua

https://encoura.org/about-nrccua/

[8filltheheart]

Think about the data analysis being sent to schools without students' knowledge. These are minors answering question they are thinking about/not sure of/exploring options, etc and that data is being compiled and analyzed to determine fit/likelihood of attendance/success and sent to the schools. The schools have profiles about theses kids that the kids are completely clueless about.

[RootAnn]

I went back to look at dd#1's ACT account at the questions. There is a specific disability question in the inventory. 

Quote

Do you have a disability that requires special provisions from the educational institution? Mark the one choice that most closely describes your situation. Providing this information is entirely voluntary.

Answer choices are hearing, motor, visual (not correctable), learning or cognitive, other, or multiple. I think that is where the circled portion of the report to colleges provide. (Although, I don't doubt that ACT reports whatever they want to colleges.)

I always figured the answers to those questions on the ACT survey were being sold to colleges (if you choose to share your info). I hadn't thought about the answers going to colleges the kids were sending their test results to. The interesting part of the score report (to colleges), IMO, was the "1st choice" college part. I couldn't figure out how ACT was figuring this, but I guess it is is the order you put down the colleges when you list where you want your scores sent. (DD's weren't in preferential order.)

I always interpreted this statement to mean that the score report sent to YOU included this information, but I now see how it could also mean that the score report sent to others could also include it:

Quote

Your ACT Interest Inventory results will be reported with your ACT test scores.

Future kids probably won't fill out most of the questions. (DD left many blank.) DD#1 hasn't found being opted into the data sharing to be helpful in expanding her college search. She gets lots of mail but not much seems a good fit for her. Likely, future kids will opt out of that as well.

[regentrude]

2 hours ago, 8FillTheHeart said:

Think about the data analysis being sent to schools without students' knowledge. These are minors answering question they are thinking about/not sure of/exploring options, etc and that data is being compiled and analyzed to determine fit/likelihood of attendance/success and sent to the schools. The schools have profiles about theses kids that the kids are completely clueless about.

But what do the students think is the purpose of these questions?

I agree that it is absolutely unacceptable that ACT disclosed disability status when a student has taken the test under accommodations. Huge invasion of privacy and needs to be penalized.

But I see disclosing information the student voluntarily provided as different. I doubt students have recourse when this information is passed on.

Edited August 9, 2018 by regentrude

[Farrar]

For the voluntary data, I think it was disingenuous, but not just shockingly out of line that they were providing it. I think I would have assumed that it was compiled and anonymized for sale... but I don't find it shocking.

I do find the fact that they were doing that with the accommodations info beyond wrong and shocking. I mean, they knew it was wrong too because they were sending out a different version to the high schools and the College Board had agreed years ago not to do this because of privacy concerns. There's no way they didn't realize this was underhanded.

[8filltheheart]

20 minutes ago, regentrude said:

But what do the students think is the purpose of these questions?

I agree that it is absolutely unacceptable that ACT disclosed disability status when a student has taken the test under accommodations. Huge invasion of privacy and needs to be penalized.

But I see disclosing information the student voluntarily provided as different. I doubt students have recourse when this information is passed on.

Do you think most students are fully aware that their score report is not just their scores but a complete profile of info based on pages and pages of questions that they are asked to fill out when they register for the ACT?

Those pages are put in front of the kids before they can actually get to the ACT registration page.  It takes effort to bypass answering all of the questions. It isn't as if they register and are then asked if they would like to answer the questions. (This is no big issue for me b/c  I tell my kids to skip all of the personal questions and only answer the questions that they are required to fill out.  But, not all kids have parents giving them advice and the ACT presents the questions as being helpful to the student)

Minor children are giving permission for the release of their personal information in a form that they are not fully aware is being delivered in the format that it is.  IF the ACT did NOT want to obscure that this data is being compiled with scores on their score report, why different formats for students/high schools vs colleges?  

[Arcadia]

10 minutes ago, 8FillTheHeart said:

Those pages are put in front of the kids before they can actually get to the ACT registration page.  It takes effort to bypass answering all of the questions.

...

Minor children are giving permission for the release of their personal information in a form that they are not fully aware is being delivered in the format that it is.  IF the ACT did NOT want to obscure that this data is being compiled with scores on their score report, why different formats for students/high schools vs colleges?  

 

My kids took the ACT when they were 10, 6th grade. I think those under 13 and using the mail in registration form has it easier because the entire form is in front of them with all the inventory questions. It is a lot easier to skip an entire section on paper than online. My kids skipped those questions but had fun scrutinizing them before we mailed the registration forms in.

I agree ACT is being underhanded in this case since even the high school guidance counselors are not aware. They would have probably told their students to skip those questions.

[EKS]

So, am I correct in understanding that the issue is that ACT reports students' disability status as disclosed by the student on the Interest Inventory, but that it doesn't report anything about accommodations used during administration or information given as a part of obtaining those accommodations?

Because this is their privacy policy (and this is what I remember it to be when my son got accommodations):

Your Privacy

ACT will treat all information you provide to support your request as confidential and will use it solely to determine your eligibility for accommodations and English learner supports. Details about your test accommodations and English learner supports will be shared only with the testing staff and will not be released to anyone else, including your chosen score report recipients. The only exceptions are for those instances in which an examinee’s accommodation/supports-related documents and information are the subject of a subpoena or other court order, or an enforceable request from a government entity. 

[yvonne]

1 hour ago, RootAnn said:

Likely, future kids will opt out of that as well.

I hope college counselors are all aware of what the ACT is doing, informs their students, and recommends that students skip all those questions. 

Once this is well publicized, students may begin gaming those questions, trying to answer in ways they think could improve their chances at certain colleges. That could make the info the ACT is selling to colleges suspect. Perhaps then colleges won't be so willing to pay for it. 

25 minutes ago, Arcadia said:

I agree ACT is being underhanded in this case since even the high school guidance counselors are not aware. They would have probably told their students to skip those questions.

Exactly!  I'm sure the ACT _knew_ that if counselors found out the ACT was selling potentially damaging information about students taking the exam the counselors would have advised skipping those questions, so the ACT consciously and intentionally hid the fact by not sending the counselors the same report they sent colleges. To hide what you're doing, which could potentially hurt some students, and to profit off it?!?!  That is just so wrong.

 

[yvonne]

4 minutes ago, EKS said:

So, am I correct in understanding that the issue is that ACT reports students' disability status as disclosed by the student on the Interest Inventory, but that it doesn't report anything about accommodations used during administration or information given as a part of obtaining those accommodations?

Because this is their privacy policy (and this is what I remember it to be when my son got accommodations):

Your Privacy

ACT will treat all information you provide to support your request as confidential and will use it solely to determine your eligibility for accommodations and English learner supports. Details about your test accommodations and English learner supports will be shared only with the testing staff and will not be released to anyone else, including your chosen score report recipients. The only exceptions are for those instances in which an examinee’s accommodation/supports-related documents and information are the subject of a subpoena or other court order, or an enforceable request from a government entity. 

 

This makes the ACT look so slimy.....  Up front assuring students their information is completely confidential, but then finding a back door through the Interest Inventory to gather that information and SELL it to the very colleges the student hopes to get into!

[Farrar]

28 minutes ago, EKS said:

So, am I correct in understanding that the issue is that ACT reports students' disability status as disclosed by the student on the Interest Inventory, but that it doesn't report anything about accommodations used during administration or information given as a part of obtaining those accommodations?

Because this is their privacy policy (and this is what I remember it to be when my son got accommodations):

Your Privacy

ACT will treat all information you provide to support your request as confidential and will use it solely to determine your eligibility for accommodations and English learner supports. Details about your test accommodations and English learner supports will be shared only with the testing staff and will not be released to anyone else, including your chosen score report recipients. The only exceptions are for those instances in which an examinee’s accommodation/supports-related documents and information are the subject of a subpoena or other court order, or an enforceable request from a government entity. 

My understanding from reading the piece in EdWeek is that they *did* disclose the information from the accommodations to colleges.

ETA: Adding a quote from that EdWeek piece:

Quote

But instead of keeping it confidential, 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.

 

Edited August 9, 2018 by Farrar

[RootAnn]

17 minutes ago, Farrar said:

My understanding from reading the piece in EdWeek is that they *did* disclose the information from the accommodations to colleges.

ETA: Adding a quote from that EdWeek piece:

I read some of the class action suit, but couldn't find where ACT disclosed the accommodations to colleges, just the results of the voluntarily provided survey question as part of ACT registration. While it looks like all (most?) the class action suit people had accommodations, it doesn't appear that ACT showed that anywhere. The suit alleges discrimination on the part of the colleges buying the data (saying they can choose who to target with mailings, for example) and not being transparent on the part of ACT that they're going to disclose the voluntarily-provided info by the student to colleges either on score reports or as part of the EOS (the for-profit part of ACT where they sell your data to colleges & other groups). I've greatly simplified the class action lawsuit stuff & left things out, but I think that the "flagging" is the colleges (whether those are ones the tester has applied to or just colleges buying info from ACT) sorting out the applicants who have shared their disability status. 

[Note: I'm not a lawyer. I don't play one on TV or even pretend to be one on the 'Net. So, YMMV.]

Edited August 9, 2018 by RootAnn
updated with link & disclaimer

[Farrar]

3 minutes ago, RootAnn said:

I read some of the class action suit, but couldn't find where ACT disclosed the accommodations to colleges, just the results of the voluntarily provided survey question as part of ACT registration. While it looks like all (most?) the class action suit people had accommodations, it doesn't appear that ACT showed that anywhere. The suit alleges discrimination on the part of the colleges buying the data (saying they can choose who to target with mailings, for example) and not being transparent on the part of ACT that they're going to disclose the voluntarily-provided info by the student to colleges either on score reports or as part of the EOS (the for-profit part of ACT where they sell your data to colleges & other groups). I've greatly simplified the class action lawsuit stuff & left things out, but I think that the "flagging" is the colleges (whether those are ones the tester has applied to or just colleges buying info from ACT) sorting out the applicants who have shared their disability status. 

[Note: I'm not a lawyer. I don't play one on TV or even pretend to be one on the 'Net. So, YMMV.]

All I know is what the piece said, but it clearly was saying that the flagging was for who took the test with accommodations. It's possible that Education Week got it wrong, of course, but I'm positive I'm not misreading their interpretation.

I agree that these are pretty different things that we're talking about here though. I do think it was rather dirty of them to take the voluntary data and make it follow individuals - I think the biggest issues there are that these were minors who gave that data up without fully understanding the consequences. If they really flagged the accommodations, especially with that stated privacy policy, I think what they did wasn't just dirty, but obviously illegal since it would be a clear lie. But yeah, I'm not a lawyer so...

[RootAnn]

46 minutes ago, EKS said:

So, am I correct in understanding that the issue is that ACT reports students' disability status as disclosed by the student on the Interest Inventory, but that it doesn't report anything about accommodations used during administration or information given as a part of obtaining those accommodations?

This is my understanding of the lawsuit & allegations. It isn't clear that ACT plans to use the information from the registration process on score reports to colleges or as part of the info shared/sold as "EOS"

Quote

The Educational Opportunity Service (EOS) provides you with free information from colleges, universities, financial aid/scholarship agencies and organizations that offer educational and career programs. ACT will send your basic information so you can be contacted about these programs. The basic information shared includes your name, address, gender, high school, email address, date of birth, year of high school graduation, racial/ethnicity background, intended college major, and occupational choice. You can then decide if what they offer is a good fit with your educational or career plans.

. This disclosure doesn't include "disability information" - which is what the people in the lawsuit are upset about. They want the ACT to stop asking the question, collecting the data, sharing the data, and ask for all the data back from 3rd parties who have received it.

[RootAnn]

2 hours ago, regentrude said:

But what do the students think is the purpose of these questions? ....

But I see disclosing information the student voluntarily provided as different. I doubt students have recourse when this information is passed on.

The part of the registration that asks the disability question has a side link on "how is this information used."

Quote

 

How Is This Information Used?

The Student Profile Section (SPS) asks you for information about your background, interests, needs, and plans. It is designed to help you think about your educational future and to help colleges in their planning.

 

 

It is easy to interpret "help colleges in their planning" whatever way you like. I'm sure ACT will point to this in their response.

[8filltheheart]

There are also questions asked on the day they take the test.  They need to be aware to not answer any of those, either.

[TCB]

So if you get accommodations to take the ACT the college that receives the score does not necessarily know that the test has been taken with accommodations? It seems strange to me that it wouldn't appear somewhere because if those accommodations are needed for the test they will be needed by the student in college right?

[8filltheheart]

7 minutes ago, TCB said:

So if you get accommodations to take the ACT the college that receives the score does not necessarily know that the test has been taken with accommodations? It seems strange to me that it wouldn't appear somewhere because if those accommodations are needed for the test they will be needed by the student in college right?

The accommodations used for the ACT have no bearing on seeking accommodations in college. Students have to apply to the disabilities office for accommodations with very specific paperwork. Whether or not a student seeks accommodations is completely up to the student.

[EKS]

39 minutes ago, TCB said:

So if you get accommodations to take the ACT the college that receives the score does not necessarily know that the test has been taken with accommodations? It seems strange to me that it wouldn't appear somewhere because if those accommodations are needed for the test they will be needed by the student in college right?

Both the College Board and the ACT people stopped flagging scores obtained under nonstandard conditions in 2003.  Here is a report put out at the time by the CB that discusses the issue in depth: https://www.ets.org/Media/Research/pdf/RR-02-03-Mandinach.pdf

[Farrar]

35 minutes ago, EKS said:

Both the College Board and the ACT people stopped flagging scores obtained under nonstandard conditions in 2003.  Here is a report put out at the time by the CB that discusses the issue in depth: https://www.ets.org/Media/Research/pdf/RR-02-03-Mandinach.pdf

Except, according to articles about this lawsuit, the ACT didn't actually stop flagging people for accommodations or started up again at some point.

[EKS]

1 hour ago, Farrar said:

Except, according to articles about this lawsuit, the ACT didn't actually stop flagging people for accommodations or started up again at some point.

I understand that this is what is being discussed.  I am not convinced that the ACT is actually flagging scores.

[Farrar]

I was curious so I skimmed the filing. I'm still not clear if the Ed Week story is right - the description doesn't totally make it clear. But it does seem like the questions are really misleading when it comes to disabilities. I'm relatively savvy about not providing personal data when I don't want to, but I think I might be confused if I was seeking accommodations since the questions seem to specifically reference the accommodations process, even though it's apparently separate. From the way it was described above, it sounded like you do your accommodations process, then you go take the test (or register) and there's a section that's clearly optional. Except the lawsuit makes it sound like there's a sub-section asks about the accommodations you're getting as you're registering for the test. That's SUPER misleading if that's really how it works. They're clearly trying to trick people who think they need to fill that out to get the accommodations they've been approved for implemented at the site where they take the test. And they're misleading underage people with disabilities no less. That's so offensive.

[Milknhoney]

I don't approve at all of ACT sharing accommodation information, if in fact that is what they are doing. I work for a university admissions office so I just want to provide some insight into how a university might use the data provided by ACT/College Board, and allay fears of anyone who might need accommodations but be afraid to do so. 

Test scores are sent electronically in batch files which get uploaded into our student database. I wouldn't have any idea if the records of students who were given accommodations are flagged in that file, because if it does, there's no field in our information management system for that to upload into. All I as the admissions counselor EVER see is the actual score the student received and the test date. I have no idea if a student received accommodations. 

Now, colleges can also purchase names from ACT/College Board for marketing purposes. It's been quite a while since I was involved in that aspect of recruitment, but I was at one time. My university bought names of students who indicated they were interested in majors that we offer who also self-reported that they were an A or B student. We could have selected names based on extra-curricular or athletic interests if we wanted to. I don't recall whether disability status was a choice because it wasn't something my university would be interested in for marketing purposes. However, whatever information might have been included with the name buy was not permanently saved by our university. The names and addresses were utilized for mailers, and a record was not created for the student unless they responded and asked for more information. And the record would be based on the information the student provided at that time. 

I have a hard time seeing any university utilizing this information if it were indeed available, because we're under regulation to honor privacy laws also. If a student mentions a disability to me, I don't make any notes about it in the file because I could get my hand slapped for that. I give them the number for the DSS office and that is that.

[Mom22ns]

I too hope the lawsuit succeeds and I am horrified. My kids didn't fill out any of the voluntary information when registering for the ACT, so hopefully it won't haunt the one who used accommodations for the last time in his life that day.

[MerryAtHope]

10 hours ago, regentrude said:

But what do the students think is the purpose of these questions?

I agree that it is absolutely unacceptable that ACT disclosed disability status when a student has taken the test under accommodations. Huge invasion of privacy and needs to be penalized.

But I see disclosing information the student voluntarily provided as different. I doubt students have recourse when this information is passed on.

 

I can tell you what I thought. I signed my oldest up for the ACT (he asked me to), not realizing they would ask tons of questions. I answered a few the way I thought he would, but I skipped most of them because I kept thinking on the next screen I could pay and be done. It took like 15-20 minutes to NOT answer all of the questions! Crazy. But after he was registered, I saw that ACT had some interesting career interest tools--and I thought, "Oh, that's why they asked all those questions." I figured they were trying to expand their services.

So, when it came time for my dd to sign up, I had her sit down and answer all the questions so she could enjoy using some of the ACT tools--since my oldest hadn't been able to and I thought what the heck, maybe something will be helpful in there. 

I soon realized they did pass that info on to colleges though (I know, I should have figured that out before but I just wasn't really thinking about it & was in the throes of trying to help my kids with career assessment stuff--I wanted all the help we could get.) I knew because colleges REALLY want girls with STEM interests, and they heavily marketed to her on that basis. ACT is the only way they'd know that. Joke was on me I guess!

Horrifying if they are disclosing about disabilities though. 

[katilac]

On 8/9/2018 at 11:12 AM, yvonne said:

Once this is well publicized, students may begin gaming those questions, trying to answer in ways they think could improve their chances at certain colleges. 

 

 

Colleges use that information to create lists of target students so they can send information and recruiting materials. They aren't using it in the admissions process; the logistics of that would be a nightmare even if it were helpful (which I do not think it would be). 

[BlsdMama]

On 8/9/2018 at 10:13 AM, Farrar said:

For the voluntary data, I think it was disingenuous, but not just shockingly out of line that they were providing it. I think I would have assumed that it was compiled and anonymized for sale... but I don't find it shocking.

I do find the fact that they were doing that with the accommodations info beyond wrong and shocking. I mean, they knew it was wrong too because they were sending out a different version to the high schools and the College Board had agreed years ago not to do this because of privacy concerns. There's no way they didn't realize this was underhanded.

This.  Absolutely this.

 

[8filltheheart]

Here is a good summation of what is occurring: https://www.applerouth.com/blog/2018/08/14/act-inc-sued-over-confidential-student-information/?utm_source=Applerouth&utm_campaign=dd850ccea1-The_Slice_Harder_ACT_Summer_Reading_and_7_8_2016_C&utm_medium=email&utm_term=0_41a7cbffe6-dd850ccea1-108410501

[alewife]

From the article, it looks like ACT is also profiting by selling kids' information to future employers.

ACT also monetizes this data by listing disability information in a searchable database that ACT, Inc. sells to enrollment management clients as a tool to “find the right students for your institution.” Disability information is also available to employers via the ACT’s WorkKeys assessment, used by tens of thousands of employers, which identifies individuals with disabilities as “ADA Candidates.”

[Another Lynn]

Reviving this thread because ACT just prompted my student to complete his student profile (which I'm pretty sure was completed for his first sitting, but not completely updated at time of registration for an upcoming test).  So, not a disability issue, but still....maybe we should look back through it and make sure we're not unintentionally communicating preferences we don't really have yet?  I don't remember - was there an "unknown" or "undecided" on many of the questions?  Would that be best?  Here's the wording of the email:

 

Our records indicate that you have not completed all items in your Profile at actstudent.org. Colleges and scholarship organizations rely on the information you provide to help them make decisions about student preparedness, admissions, and financial aid. We strongly encourage you to provide as much information as possible.

Please log in to your ACT Web account at http://www.actstudent.org, select "Manage Your Profile," and complete those questions today. Your information can be included on your score reports from the upcoming test date only if you provide it before the test day.