Testing company ACT flagged students' disabilities to colleges. Now it must pay $16 million

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A federal lawsuit alleged that ACT discriminated against students with disabilities by flagging their scores and disability to colleges, and by excluding them from a program that allowed colleges to recruit for admissions and scholarships.

College admissions testing company ACT Inc. has agreed to pay out $16 million to California students with disabilities who alleged their rights were violated when the company flagged their disability status to colleges and excluded them from a beneficial recruitment program, according to a settlement announced Thursday.

A consent decree announced as part of the settlement prohibits ACT from engaging in any of these practices.“We’ve worked very hard to get to a consent decree that they agreed to, and they’re doing the right thing, and it’s going to benefit hundreds of thousands of students,” said attorney Jesse Creed of the law firm Panish Shea & Boyle, which represented the plaintiffs.

The lawsuit said that the administrator of the SAT, the College Board, does not report student disabilities on its score reports.The lead plaintiff in the case, Halie Bloom, had a history of attention deficit hyperactivity disorder and a reading disability similar to dyslexia. Bloom, who attended high school in Newport Beach, had an individualized education program, or IEP, and received ACT testing accommodations.

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