Press Releases

The College Board and Disabilities Rights Advocates Announce Agreement to Drop Flagging from Standardized Tests

07/17/02

NEW YORK, NY--The College Board and Disabilities Rights Advocates (DRA) announced today that as of October 1, 2003 the College Board would discontinue the practice of identifying score reports on standardized tests taken by students who require extended test-taking time due to documented disabilities. Such special testing accommodations have been identified on the score report by the words “nonstandard administration,” a practice commonly referred to as “flagging.”

The decision to discontinue flagging stems from a 1999 lawsuit against the Educational Testing Service (ETS) that resulted in ETS’s agreement to remove all flags from the score reports of ETS-administered tests that are not owned by the College Board. ETS develops the test items, and administers and scores the SAT® and several other tests owned by the College Board.

With respect to College Board tests, DRA and the College Board had agreed to convene a Blue Ribbon Panel of jointly selected experts to consider issues related to the flagging of score reports. That panel recommended, by a vote of four to two, that the College Board discontinue flagging the score reports of tests taken with extended time.

“The majority of the panel believed that flagging discourages students from applying for needed accommodations and represents a barrier to equal access to college, and we have agreed to abide by their decision,” said College Board President Gaston Caperton. “While agreeing that the rights of disabled persons should prevail over other considerations, we also recognize the ongoing concerns raised by guidance counselors and admission directors that the College Board must uphold a rigorous review process to ensure that extended test-taking time is not granted to students who do not require this accommodation.”

To help ensure that accommodations are given only to test takers whose disabilities require them, the College Board will continue its process of routine documentation reviews. These reviews ensure that the eligibility requirements are being consistently and fairly applied to all students. Additionally, the College Board will continue to improve its communication of expectations to ensure equity of access for all test-takers.

Disability Rights Advocates, a non-profit law center headquartered in Oakland, California, represented two disability organizations, Californians for Disability Rights and the International Dyslexia Association, along with an individual, Mark Breimhorst, in the case that led to today’s settlement.

“The College Board’s decision to end the practice of flagging marks a major achievement for people with disabilities. Other testing agencies that continue to flag should reexamine their policies and follow the College Board’s example,” states Alison Aubrejuan, an attorney from DRA involved with the case.

DRA’s clients were extremely pleased with the settlement. Chris Elms, President of CDR stated, “This settlement is a victory for all persons with disabilities seeking to attend college or graduate school because it makes higher education much more accessible to persons with disabilities.” President of IDA Harley A. Tomey III added, “While IDA wishes the agreement could have been reached sooner and without litigation, we congratulate ETS and the College Board for coming to the understanding that this is the right thing to do.”

Disability Rights Advocates is a non-profit public interest law center that advocates for people with disabilities to facilitate their full and equal participation in all aspects of contemporary life.

Californians for Disability Rights is a grass roots cross-disabilities organization in California that works and advocates for full compliance with the Americans with Disabilities Act. CDR is dedicated to access, independence, equality and justice for all people with disabilities.

The International Dyslexia Association is a well-established non-profit organization dedicated to the removal of those social, institutional, and cultural barriers currently preventing people with learning disabilities from achieving their potential. IDA has over 12,000 members and 43 branches in the United States.

The College Board is a national nonprofit membership association whose mission is to prepare, inspire, and connect students to college and opportunity. Founded in 1900, the association is composed of more than 4,200 schools, colleges, universities, and other educational organizations. Each year, the College Board serves over three million students and their parents, 22,000 high schools, and 3,500 colleges through major programs and services in college admissions, guidance, assessment, financial aid, enrollment, and teaching and learning. Among its best-known programs are the SAT, the PSAT/NMSQT®, and the Advanced Placement Program® (AP®). The College Board is committed to the principles of excellence and equity, and that commitment is embodied in all of its programs, services, activities, and concerns.

Frequently asked questions about this decision (.pdf/38K)

For more information, contact:
Chiara Coletti, College Board
(212) 713-8052

Sid Wolinsky, DRA
Alison Wolinksy, DRA
(510) 451-8644