College Board Statement Regarding Settlement with Office of the New York State Attorney General and New York State Education Department

College Board has resolved an investigation by the Office of the New York State Attorney General and New York State Education Department concerning the application of New York State’s Education Law 2-D to the information of New York State students who opted into Student Search Service™ (Search) when taking College Board exams in the state during the school day.

For more than 50 years, Search connected millions of New York students with nonprofit colleges and scholarships. In 2022, prior to this investigation, College Board discontinued Search opt-ins for in-school testing in New York State at the request of the New York State Education Department.

Search remains available to New York State students, except for in-school test takers. Students can opt-in during a weekend testing administration or through an account with College Board. 

Search has a proven, positive effect on college-going. Students who connect with colleges via Search receive 29% more offers of admission. These gains are even more pronounced for underrepresented minority students who receive 65% more admission offers and first-generation college students who receive 55% more admission offers. 

College Board disagrees with the state’s interpretation of New York State’s Education Law 2-D, a unique 2014 state law targeting emerging technology companies with no evident application to standardized testing. Nevertheless, officials with the New York State Education Department and attorney general’s office have taken a different legal position on the interpretation of the law, and we fully cooperated with their inquiry. 

It’s important to note there is no finding that Search harmed students or that colleges or scholarship organizations ever misused student information. 

College Board is pleased to have resolved this investigation and remains committed to educational opportunity and success for the students of New York State.