The institutional ground is already shifting: the Supreme Court has held that race-conscious admissions violate equal protection, federal law explicitly permits performance-based assessment, states are adopting Portrait-of-a-Graduate standards, and access data shows advanced coursework is unevenly available. Even selective schools reinstating tests frame them as the least-bad common signal they have, not the one they would choose.
Legal authority
The decision prohibiting race-conscious admissions, creating the need for race-neutral talent identification.
Students for Fair Admissions v. President and Fellows of Harvard College, 600 U.S. 181 (2023).
Limitation Primary legal source.
Legal authority
The Innovative Assessment Demonstration Authority explicitly enumerates performance-based assessment as permissible.
Every Student Succeeds Act of 2015, 20 U.S.C. Sec. 6364.
Limitation Primary statutory source.
Report / data
The official IES evaluation of the authority's early implementation.
Troppe, P., et al. (2023). Evaluating the federal Innovative Assessment Demonstration Authority (NCEE 2023004). IES.
Limitation Independent federal evaluation.
Primary document
The formal adoption of the Portrait of a Graduate framework.
New York State Education Department. (2025). Board of Regents adopt New York State Portrait of a Graduate.
Limitation First-party state policy.
Primary document
The Portrait's six attributes in the state's own words.
New York State Education Department. (2025). NYS Portrait of a Graduate [six attributes].
Limitation First-party state policy.
Primary document
In September 2026 the Board of Regents directed staff to sunset diploma assessment requirements and move to one diploma from 2027-28; students graduating in January 2028 and after face no separate exam hurdle, and districts assess through multiple sources of evidence.
New York State Board of Regents. (2026). Sunsetting diploma assessment requirements and moving to one diploma [Board action memorandum].
Limitation Regents exams continue as measures of learning standards, and the regulations still have to be adopted.
Primary document
The state's announcement of the next phase of NY Inspires: one diploma from 2027-28, and district assessment strategies built from classroom assessment, student work, performance-based learning, educator observation, and state assessments.
New York State Education Department. (2026). NYSED advances next phase of NY Inspires education transformation.
Limitation An implementation opportunity for districts, not a mandate for any external credential.
Report / data
Federal audit tying the advanced-course gap to school poverty and size.
U.S. Government Accountability Office. (2018). Public high schools with more students in poverty offer fewer academic offerings (GAO-19-8).
Limitation Independent government data.
Report / data
National civil-rights data: advanced coursework is less available in schools serving mostly Black and Hispanic students.
U.S. Dept. of Education, OCR. (2024). Student access to math, science, and computer science (2020-21 CRDC).
Limitation Census-level federal data.
Report / data
The test maker's own data on AP-course availability by group.
College Board. (2025). AP national and state data.
Limitation First-party data; interest noted.
Report / data
As of the fall 2027 cycle, 2,021 of 2,182 ranked four-year colleges with confirmed policies (92.6%) do not require the SAT or ACT.
FairTest. (2026). Overwhelming majority of U.S. colleges remain ACT/SAT-optional or test-free for fall 2027.
Limitation Advocacy organization; figure attributed to FairTest.
Primary document
A leading institution treats the test as the most equitable common signal it currently has, while stating it would adopt a better one.
MIT Admissions. (2022). We are reinstating our SAT/ACT requirement.
Limitation An admissions-office position statement, not independent evidence.
Primary document
Reinstatement resting on faculty analysis that scores, read against local norms, surfaced disadvantaged high-achievers.
Dartmouth College. (2024). Reactivating the SAT/ACT requirement.
Limitation One institution's account of its own internal study.
Primary document
Adopted a test-flexible requirement in 2024 (AP or IB could substitute), then moved to a full SAT or ACT requirement in May 2026.
Yale University. (2026). Undergraduate admissions updates testing policy. Yale News.
Limitation Two institutional announcements; the 2024 rationale is Yale's own analysis.
Primary document
A committee found academic outcomes correlate with scores across subgroups and that scores read in context can widen access.
Brown University. (2024). Brown to reinstate test requirement.
Limitation A committee summary specific to Brown's pool.
Institutional announcement
Frames the test as the least-biased common signal currently available, citing Chetty et al.
Harvard University. (2024). Harvard announces return to required testing.
Limitation A news article summarizing research.
Primary document
A top engineering institution's optional Maker Portfolio, reviewed by faculty and alumni with maker expertise.
Massachusetts Institute of Technology. (2026). First-year applicants: Creative portfolios.
Limitation An optional supplement; cross-disciplinary demand for authentic work.
Primary document
Every advancing applicant attends a Candidates' Weekend whose individual interview and group exercise are evaluated by the Olin community.
Franklin W. Olin College of Engineering. (n.d.). Admission process.
Limitation A required performance assessment, not an add-on.
Primary document
Applicants who earn a B+ or better on three 2,500-word analytical essays, graded by Bard faculty like coursework, are offered admission alongside a transcript and a recommendation.
Bard College. (n.d.). The Bard Entrance Examination.
Limitation The essays are take-home on an honor agreement; the clearest case of admission led by academic work.
Primary document
The registrar profession's initiative for richer, verifiable, portable records of achievement.
American Association of Collegiate Registrars and Admissions Officers, & NASPA. (2019). Comprehensive Learner Record.
Limitation Establishes professional demand for the container.
Primary document
MIT's dean of admissions: testing substantially improves the predictive validity of decisions, and better tools someday are a hope, not a plan.
Wren, K. (2022). Q&A: Stuart Schmill on MIT's decision to reinstate the SAT/ACT requirement. MIT News.
Limitation Institutional communication; used only for what MIT itself said.