Education Equity
Eliminating University of California’s Use of Discriminatory SAT and ACT Scores
Case Overview
our Clients
For decades, the University of California’s use of discriminatory SAT and ACT scores deprived hundreds of thousands of well-qualified students of color, students from low-income families, and students with disabilities of the opportunity to pursue higher education in the nation’s preeminent public university system. Rather than provide meaningful information about a student’s ability to succeed in college, SAT and ACT scores act as stand-ins for students’ wealth and race, and thus advantage more privileged applicants. Even University leaders admit that the tests are “racist” and “correlated to wealth and privilege.”
Public Counsel and co-counsel brought this lawsuit on behalf of students and community organizations—Chinese for Affirmative Action, College Access Plan, College Seekers, Community Coalition, Dolores Huerta Foundation, and Little Manila Rising—challenging the University of California’s use of the SAT and ACT as discriminatory on the bases of race, wealth, and disability. In August 2020, Plaintiffs obtained a preliminary injunction requiring the University to immediately stop using the tests for undergraduate admissions and scholarship determinations. Plaintiffs then defeated the University’s attempts to prevent the injunction from taking effect. In the admissions cycle following the injunction, UC saw record gains in numbers of Black and Latinx students applying to and gaining admission to its campus.
In May 2021, Plaintiffs reached a groundbreaking settlement with the University, barring it from using the tests through at least 2025.
Court
Superior Court of the State of California, County of Alameda
Status
Settled
Case No.
RG19046222
Filed
12/10/2019
public counsel Legal Team
Senior Special Counsel for Strategic Litigation
Strategic Litigation Counsel
our Co-Counsel
Case Developments
ruling
10/29/2020
Court of Appeal Denies Defendants’ Writ Petition
The Court of Appeal denied Defendants’ writ petition to stay the preliminary injunction.
Filing
10/07/2020
Defendants File Writ Petition to Stay Preliminary Injunction
Plaintiffs’ OPPOSITION TO writ PETITION
ACLU, et al. AMICus BRIEF IN SUPPORT OF PLAINTIFFS
Association on Higher Education and Disability, Et Al. Amicus Brief In Support Of Plaintiffs
ORDER
09/15/2020
Court Denies Defendants’ Request to Stay Preliminary Injunction
ORDER DENYING defendants’ request to stay preliminary injunction
Filing
09/14/2020
Defendants File Motion to Stay Preliminary Injunction
PLAINTIFFS’ OPPOSITION TO DEFENDANTS’ EX PARTE APPLICATION FOR STAY OF PRELIMINARY INJUNCTION
Order
08/31/2020
Court Grants Plaintiffs’ Preliminary Injunction
Filing
07/22/2020
Plaintiffs File Motion for Preliminary Injunction
plaintiffs’ motion for preliminary injunction
PLAINTIFFS’ REPLY in support of motion for preliminary injunction
Update
05/18/2020
Court Allows Plaintiffs’ Claims to Move Forward
Press Releases
Media
- Inside Higher Ed, “Colleges Should Admit Students Without the SAT or ACT“, 5/31/21
- LA Sentinel, “When we get past the test, we can see the full picture“, 5/27/21
- Inquirer, “Stockton Fil-Ams ban SATs in admissions, scholarships to UC“, 5/24/21
- Daily Californian, “Smith v Regents settlement bars use of SAT, ACT until 2025″, 5/19/21
- NY Post, “University of California to nix SAT, ACT in settlement with minority students“, 5/16/21
- Inside Higher Ed, “No More SAT or ACT at U of California“, 5/16/21
- NY Times, “University of California Will No Longer Consider SAT and ACT Scores“, 5/15/21
- Ed Source, “University of California must drop SAT, ACT scores for admissions and scholarships“, 5/15/21
- The Hill, “University of California system will no longer consider SAT, ACT scores in admissions process“, 5/15/21
- U.S. News, “University of California drops SAT scores for admission“, 5/14/21
- CNN, “University of California system will no longer require SAT and ACT scores for admission after settlement reached“, 5/15/21
- SF Chronicle, “UC settles student lawsuit, agrees not to use SAT, ACT scores in admissions“, 5/14/21
- Bloomberg, “University of California Set to Drop SAT, ACT Through 2025“, 5/14/21
- Daily Bruin, “UC to use test-blind admissions for fall 2021 following court decision,”, 11/6/20
- LA Times, “UC must immediately drop use of the SAT and ACT for admissions and scholarships, judge rules“, 9/1/20
- San Francisco Chronicle, “Judge bars University of California from all use of SAT, ACT scores in admissions“, 9/1/20
- Ed Source, “University of California must stop all use of SAT and ACT in admissions, judge orders“, 9/1/20
- The Chronicle of Higher Education, “Court Bars U. of California From Using ACT and SAT for Fall-2021 Admissions“, 9/1/20
- Education Dive, “Judge orders UC System to drop ACT, SAT in admissions“, 9/1/20
- Inside Higher Ed, “U of California Barred From Considering SAT/ACT Scores“, 9/1/20
- Forbes, “A Court Orders The University Of California Not To Use The SAT Or ACT During The Pandemic“, 9/1/20
- CNN, “University of California System can’t use SAT and ACT tests for admissions, judge rules“, 9/1/20
- NBC News, “University of California must stop considering ACT, SAT in admissions, judge rules“, 9/1/20
- USA Today, “University of California system can no longer consider SAT, ACT results in admissions, judge rules” 9/1/20
- Courthouse News, “Judge Bars University of California From Using SAT, ACT for Admissions“, 9/1/20
- Bloomberg Law, “Racial Equality Advocates Embrace Win in California SAT Lawsuit”, 9/1/20
- Daily Cal, “Court rules UC can no longer consider SAT, ACT in admissions“, 9/1/20
- Daily Bruin, “Judge issues preliminary injunction to bar SAT, ACT scores in UC admissions“, 9/1/20
- LAist, “Judge Blocks SAT, ACT Scores For Admission On All UC Campuses”, 9/1/20
- Davis Enterprise, “UC must immediately stop using the SAT and ACT, judge rules“, 9/1/20
- UPI, “Judge bars University of California from using SAT, ACT“, 9/2/20
- Daily Californian, “Lawsuit filed against UC system calls test-optional policy ‘discriminatory’”, 7/26/20
- EdWeek, “ACT, SAT ‘Test Optional’ College Admissions Gain Ground. But Schools and Students Should be Skeptical,” 6/19/20
- Capitol Weekly, “At UC, standardized testing gets a critical look,” 4/27/20
- Atlanta Journal-Constitution, “Should colleges ditch the SAT and ACT?”, 12/16/19
- Daily Bruin, “UC sued over use of SAT, ACT scores in its admissions process”, 12/14/19
- Washington Post, “It’s time to dump the SAT“, 12/13/19
- Fox News Podcast, “Is the SAT Racist?: Lawsuit Says Test Should No Longer be Mandatory,” 12/12/19
- Daily Californian, “UC system sued over use of standardized tests in admissions process,” 12/12/19
- College Post, “University of California Sued for Using Standardized Tests in Admissions”, 12/12/19
- Legal Reader, “Lawsuit: University of California is Racist for Using SAT, ACT in Admissions,” 12/13/19
- Fox TV Los Angeles, “Lawsuit: ACT, SAT exams discriminate against low-income UC applicants”, 12/11/19
- Forbes, “Lawsuit Claims SAT And ACT Are Biased—Here’s What Research Says”, 12/11/19
- UPI, “Students, educators sue UC over use of SAT, ACT in admissions”, 12/11/19
- KQED, “Lawsuit Alleges SAT and ACT Violate Civil Rights of California Students”, 12/11/19
- USA Today. “University of California lawsuit could change the future of SAT, ACT testing for college admissions”, 12/11/19
- CBS News, “California universities using SAT for admissions are violating civil rights, lawsuit claims”, 12/11/19
- Times Higher Ed (U.K.). “California faces lawsuit over standardised testing in admissions”, 12/11/19
- Yubanet, “Jill Richardson: Standardized tests are biased and unhelpful,” 12/11/19
- Wall Street Journal, “Students, Community Groups Sue University of California to Drop SAT, ACT”, 12/10/19
- NBC News, “California lawsuit blasts SAT, ACT exams as discriminatory”, 12/10/19
- U.S. News & World Report, “Lawsuit Against University of California System Challenges SAT, ACT Admissions Requirement”, 12/10/19
- Chronicle of Higher Education, “A New Lawsuit Calls U. of California’s ACT/SAT Requirement ‘Flatly Discriminatory.’ Here Are 5 Things to Know”, 12/10/19
- Ed Source, “Lawsuits seek to end University of California’s SAT or ACT test requirement for freshman admission”, 12/10/19
- Courthouse News, “University of California Sued for Using ‘Biased’ Test Scores in Admissions”, 12/10/19
- The Hill, “California lawsuit aims to eliminate the SAT and ACT tests”, 12/10/19
- Daily Beast, “SAT and ACT Are Illegal in California Admissions, Lawsuit Claims”, 12/10/19
- Vice, “California Students Are Suing the UC System for Requiring the SAT and ACT,” 12/10/19
- NY Daily News, “Lawsuit aims to end SAT and ACT testing for California colleges,” 12/10/19
- Newsy, “Lawsuits Filed Against University Of California Over SAT, ACT Exams”, 12/10/19
- LAIST, “The UC System Is Being Sued To Stop Using SAT/ACT Over Discrimination Claims”, 12/10/19
- LA Magazine, “Compton’s School District Is Suing the UC System Over ‘Discriminatory’ Standardized Tests”, 12/10/19
- Diverse Issues in Higher Education, “University of California Regents Sued Over Use of SAT, ACT Scores in Admissions”, 12/10/19
- Education Dive, “Civil rights groups sue U of California over SAT, ACT requirement”, 12/10/19
- Benzinga, “University Of California Faces Lawsuit Over Use Of SAT, ACT Scores In Admissions”, 12/10/19
- BizPac Review, “Lawsuit contends basing University admittance on SAT/ACT scores is unconstitutional and biased”, 12/10/19
- Daily Mail (U.K), “SAT and ACT test scores are biased, unconstitutional, and should not be used to determine university slots, lawsuit against the University of California’s admissions system says”, 12/10/19
- NPR, “Lawsuit Claims SAT And ACT Are Illegal In California Admissions”, 12/10/19
- CalMatters, “If the University of California drops the SAT, what would take its place?” 12/10/19
- New York Times, “University of California Is Sued Over Use of SAT and ACT in Admissions”, 12/10/19
- Los Angeles Times, “UC violates civil rights of disadvantaged students by requiring SAT for admission, lawsuits say”, 12/10/19
- Daily Californian, “Lawyers urge UC to eliminate standardized tests,” 11/1/19
- Inside Higher Ed, “A Threat Over Standardized Testing“, 10/30/19
- San Francisco Chronicle, “Students of color to UC: Drop the SAT or we’ll see you in court“, 10/30/19
- LA Times, “California groups demand UC drop the SAT, alleging it illegally discriminates against disadvantaged students“, 10/29/19
- AP News, “Groups threaten to sue U. of California over SAT, ACT use“, 10/29/19
- Chronicle of Higher Education, “U. of California Faces Bias Lawsuit Over ACT/SAT Requirement“, 10/29/19
- Ed Source, “University of California must drop admissions tests, civil rights groups urge“, 10/29/19
- Education Dive, “Civil rights groups threaten to sue U of California if it doesn’t drop SAT, ACT“, 10/29/19
- 2 Urban Girls, “Compton Unified Demands UC System Drop SAT Admission Requirement“, 10/29/19
- LAist, “People Are Threatening To Sue The UC System If It Doesn’t Ditch Its SAT And ACT Requirements“, 10/29/19
- AsAmNews, “Filipino Americans tell U. of California to stop using ACT & SAT tests for admission“, 10/29/19
