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The End of Legacy Admissions: New Legislation Aims for Fairness in College Admissions

A bipartisan group of U.S. senators has introduced legislation aimed at eliminating legacy preferences in college admissions. Recent data indicates that approximately 75% of Americans and a majority of college admissions directors opposed legacy preferences as of 2022. Over 100 colleges and universities have voluntarily discontinued such practices in recent years.

The MERIT Act Introduction

The proposed legislation, termed the Merit-based Educational Reforms and Institutional Transparency Act (MERIT Act), is led by Senators Todd Young (R-Ind.) and Tim Kaine (D-Va.). If passed, the MERIT Act would amend the Higher Education Act of 1965 to mandate that institutions forfeit their accreditation if they continue to apply legacy and donor-related preferences in admissions decisions.

Context and Motivation

The movement to abolish legacy admissions has gained traction, particularly in light of U.S. Supreme Court rulings that prohibited race-based affirmative action policies in college admissions. Following these rulings, President Joe Biden expressed opposition to legacy preferences, and a recent report from the U.S. Department of Education indicated support for abolishing such practices, citing concerns about diversity and access for disadvantaged students.

Accreditation Process and Evaluation

The MERIT Act targets legacy admissions through the accreditation process, which assesses whether educational institutions meet established standards of quality. While the Education Department does not directly accredit institutions, it oversees accrediting agencies that maintain databases of accredited schools. As required by the new legislation, accreditors would evaluate institutions based on their admissions practices concerning legacy preferences.

Supporters’ Arguments

Senator Kaine has stated that the MERIT Act would promote a fairer admissions process by ensuring that first-generation and low-income students are not adversely affected. Senator Young has highlighted that the bill aims to enhance upward mobility for Americans from diverse backgrounds.

Exceptions in the MERIT Act

The MERIT Act includes two noteworthy exceptions. Religious institutions would retain the right to make admissions decisions that align with their core values, preserving their religious freedoms. Additionally, the Act would not prevent institutions from considering a student’s genuine interest in their programs as part of the admissions process.

Opposition to Legacy Preferences

Despite considerable opposition to legacy preferences, the practice still receives some support. Critics, such as Williams College professor Steven B. Gerrard, argue that legacy preferences can foster community among students and alumni without harming diversity. They contend that legacy status serves only as a consideration among equally qualified candidates and does not negatively impact opportunities for first-generation applicants.

Advocacy for the MERIT Act

Conversely, supporters of the MERIT Act argue that legacy admissions provide undue advantages to a select group and limit opportunities for deserving students from underprivileged backgrounds. Advocacy for the bill points out that legacy students can significantly outnumber students of color at several prestigious universities, exacerbating racial disparities in higher education.

Conclusion

In summary, the introduction of the MERIT Act marks a significant legislative initiative to reform college admissions practices in the United States, with the goal of establishing a system that prioritizes merit over legacy or donor connections.

(Source: The Regulatory Review)

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