Young, Colleagues Introduce Bill to End Legacy Admissions

WASHINGTON - Today, U.S. Senators Todd Young (R-Ind.), Tim Kaine (D-Va.), Tim Scott (R-S.C.), Raphael Warnock (D-Ga.), John Kennedy (R-La), and Andy Kim (D-N.J.), introduced the Merit-Based Educational Reforms and Institutional Transparency Act (MERIT Act), legislation to end the practice of colleges and universities giving "preferential treatment" in the admissions process based on an applicant's relationship to alumni or donors of the deciding institution.

The MERIT Act would amend the Higher Education Act to add a new standard for accreditation to prevent accredited colleges and universities - institutions that are recognized for maintaining a certain level of educational quality - from giving "preferential treatment" during the admissions process.

"America is a land of opportunity, not a land of aristocracy," said Senator Young."Legacy admissions restrict opportunities for many bright and talented young Americans and provide unmerited advantage to the most connected individuals in our society. Our bill will end legacy preferences in the admissions process and promote upward mobility for Americans of all backgrounds."

"Everyone deserves the same opportunity to pursue higher education if they choose. It shouldn't be dependent on whether someone's parents went to college or donated money to a university," said Senator Kaine, a member of the Senate Health, Education, Labor and Pensions (HELP) Committee. "I'm glad to be introducing this bipartisan bill to provide Americans of all backgrounds the same chance to pursue higher education and help ensure first-generation and low-income students are not at a disadvantage during the admissions process."

"Every student deserves a fair shot at any college or university regardless of his or her family's background and connections to the institution," said Senator Scott. "Education is the doorway to opportunity, and the MERIT Act ensures we keep that door open for all students. This legislation will level the playing field so that all students have the opportunity to work hard and pursue their version of the American Dream."

"Preferential treatment for the rich and well-connected has no place in the college admissions process," said Senator Reverend Raphael Warnock. "Our bipartisan bill establishes an essential standard of fairness and eliminates practices that have undermined trust in the college admissions process."

In April, Senator Young and Edward Blum, founder and president of Students for Fair Admissions, co-authored a National Review op-ed arguing that ending legacy preferences would restore merit to college admissions. Senator Young first introduced the MERIT Act in 2023.

Text of the legislation can be found here.

Background:

• Under the MERIT Act, "preferential treatment" is defined as making admissions decisions or providing benefits based on an applicant's relationship with alumni or donors as the "determinative factor."
• The bill clarifies that the new standard shouldn't be construed to prevent institutions from considering an applicant's genuine interest in the institution as part of the admissions process.
• The bill ensures that religious institutions can make admissions decisions in line with their faith-based values, ensuring no infringement on religious freedom.
• The bill requires a comprehensive feasibility study to assess improving data collection regarding the influence of legacy and donor relationships on admissions decisions.
• Since 2015, over 450 colleges and universities have ended legacy preferences, while 420 four-year institutions continue to do so, according to a report from the nonprofit Education Reform Now.