Studying in the US: Legal battles and policy debates that have fuelled controversies in the educational landscape

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Studying in the US: Legal battles and policy debates that have fuelled controversies in the educational landscape
College Admissions in the US: Recent Controversies Challenge Traditional Practices. (Getty Images)

The landscape of college admissions in the United States has seen significant changes in recent years, with a number of high-profile issues prompting discussions about fairness and access. From legal debates over affirmative action to conversations around legacy admissions and test-optional policies, the admissions process has come under increased scrutiny.These discussions have brought to light differing views on the role of higher education in fostering diversity, opportunity, and merit. Here is a look at some of the burning topics in the landscape of US education.
Students for Fair Admissions (SFFA) vs. Harvard and UNC
This legal battle began in 2014 when SFFA filed lawsuits against Harvard and the University of North Carolina (UNC), alleging that their admissions policies discriminated against Asian American applicants. In 2023, the Supreme Court ruled in favour of SFFA, finding that Harvard’s admissions policies were unconstitutional and violated the Equal Protection Clause of the Fourteenth Amendment. The court did not issue a definitive ruling on UNC’s policies, but it did strike down the university’s race-conscious admissions system. The SFFA case is expected to have significant implications for admissions practices at public and private universities across the United States.
In June 2023, the SC struck down the use of race in college admissions. The 6–2 decision reversed the lower court ruling and ended four decades of precedent. The ruling created new challenges for institutions and impacted a variety of other policies.
Legacy Admissions Debate
The practice of giving preferential treatment to children of alumni has been a subject of controversy for many years. Critics argue that legacy admissions can perpetuate inequality and limit opportunities for students from disadvantaged backgrounds. In recent years, several universities have announced plans to phase out or modify their legacy admissions policies. For example, the University of Pennsylvania announced in 2020 that it would eliminate legacy preferences for undergraduate admissions. However, other universities, such as Harvard and Yale, have defended their legacy admissions policies.
Legacy admissions originated in the early 1920s as a way for Ivy League schools to limit the number of Jewish immigrants admitted. This policy has come under increased scrutiny in the wake of the 2023 Supreme Court ruling against college admissions policies that consider race. Some colleges are beginning to rethink the practice.
Early Decision/Early Action: Good or Bad?
Early decision (ED) and early action (EA) programmes allow students to apply to colleges earlier than the regular application deadline. The main difference between the two is that ED is binding, while EA is non-binding. Critics of these programs argue that they can disadvantage students from low-income families who may not have the resources to apply early or who may need to wait for financial aid decisions. In 2021, the Common Application, a nonprofit organisation that provides an application platform for college admissions, announced that it would eliminate early decision and early action options for the 2023-2024 application cycle. However, many universities have continued to offer early decision and early action programs.
Test-Optional Policies: Is the Right Choice?
A test-optional admissions policy indicates that students are not required to submit their SAT or ACT scores as part of their application. However, these scores will be taken into account if provided. Additionally, some colleges allow students to submit alternative test scores, such as SAT Subject Tests, International Baccalaureate (IB) exams, Advanced Placement (AP) exams, or school-administered placement tests.
Essentially, applicants are told, “If you believe your scores accurately reflect your abilities, you may submit them. If not, you can opt out.” Critics of these policies argue that they may not accurately assess student qualifications, especially for students from disadvantaged backgrounds. Proponents of test-optional policies argue that they can reduce test anxiety and increase access to higher education for students who may not perform well on standardised tests.
The trend of test-optional policies in the United States began in the early 2000s. Several universities, including Amherst College and Smith College, were among the first to adopt these policies. The Covid-19 pandemic accelerated the adoption of test-optional policies as many universities cancelled standardised tests or made them optional due to disruptions in testing centres and concerns about student safety. As a result, a significant number of universities, including Harvard University, Yale University, Stanford University, Princeton University, and University of California System, have implemented test-optional policies on a permanent or temporary basis.
Rising Tide of International Students
The number of international students attending U.S. universities has increased in recent years, leading to concerns about competition for admissions spots and the potential impact on domestic students. In 2019, the Trump administration proposed a rule that would have made it more difficult for international students to obtain visas to study in the United States. However, the rule was blocked by a federal judge. The issue of international students continues to be a subject of debate, with some arguing that they contribute to the U.S. economy and bring diversity to college campuses, while others express concerns about their impact on domestic students.
Lack of Diversity in STEM Fields
STEM in the US is still predominantly white and male. For example, women are underrepresented in some STEM fields, such as computer jobs and engineering. Asians are overrepresented in STEM, especially in computer occupations. Efforts to increase diversity in this field have been a focus of attention in recent years. This includes initiatives to address underrepresentation of women and minorities in these disciplines. However,
Some universities have taken initiatives to encourage diversity in STEM fields, such as mentorship programs, summer research opportunities, and financial aid packages. However, challenges remain in terms of creating a more inclusive and equitable environment for students from underrepresented groups.



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