Season’s Greetings and Happy New Year! Whether you celebrated a Merry Christmas (no war on Christmas here), a Happy Hanukkah, a Joyous Kwanzaa, or a Festive Festivus, I hope you had a “December to Remember.” Before exiting the holidays altogether, may we all take to heart the inspirational words from Tiny Tim (the Dickens character), who asked, “God bless us, every one” as well as those from Tiny Tim (the ukulele-playing novelty singer) who implored us to “tiptoe through the tulips.”
“Tis the season” has its own meaning for those of us in the world of college admissions and college counseling. It means early decision season, when many students receive notification from their first round of applications. Those that are successful win the opportunity to pay for a luxury brand as expensive as the cars that we should apparently buy as Christmas presents if we truly love our spouses. Others receive the proverbial lump of coal (hopefully “clean, beautiful” coal) and have to pivot before the end of the calendar year to complete another round of applications. Is the release of decisions days before Christmas cruel or an introduction to adulthood?
Just as the holidays are defined by traditions, including the lighting of the menorah during Chanukah, Black Friday shopping deals for Christmas, and the airing of grievances for Festivus, early decision season has its own traditions. It wouldn’t be early decision season without calls for colleges to abolish early decision programs altogether.
The most recent addition to that list was a New York Times op-ed by former Education Department official Daniel Currell. The headline labelled early decision as a “racket.” and Currell called on Congress to pass legislation to “forbid binding early decision agreements” for any tax-exempt college or university receiving federal aid. He argued that early decision forces students to make “life-altering” decisions before they are ready and also “reinforces a cynical, transactional approach to higher education that cheapens both students and institutions.” He also suggested that ending early decision will result in “revitalizing a culture of learning on our campuses.” I’m all for that goal, but it is not clear how or why that ending early decision brings that about.
I happen to agree with many of Currell’s criticisms. Early decision serves colleges’ self-interest well, which is why college officials are never part of the chorus proposing to abolish ED. It doesn’t serve the public interest nearly as well.
Early decision disproportionately benefits students from wealthy families and well-resourced schools. With an increasing number of elite colleges and universities admitting between 40-70 percent of their classes through early decision, students are being sent a coercive “if you don’t order now” message. And the early frenzy is at odds with the idea that the college search is a developmental odyssey through which young people find out who they are and what they care about.
I disagree with Currell on two points. One is his call for Congress to legislate ED out of existence. That is on one hand a throwback to a now defunct college admission tradition where members of the profession would cry out, “Why doesn’t NACAC do something about…? in response to any admission practice perceived to push up against ethical boundaries. NACAC no longer has that power in the aftermath of the consent decree it signed with the government after the DOJ antitrust investigation of NACAC’s ethical code. Is Congress a better traffic cop? Currell’s faith in Congress to pass legislation is either quaint, laughable, or a sign that he watches too many movies that appear on the Hallmark channel or that star Jimmy Stewart. Has 2025 taught us anything about whether we really need more government interference in the college admission process?
I am also far from convinced by his conclusion that early decision must be abolished altogether. That may qualify me as an optimist–or a fool.
I’d rather see us think about “mending, not ending” early decision. “Mend, not end” was the language used by Bill Clinton when he was President with regard to race-based affirmative action, back in the days before his current role as the poster child for Pam Bondi and Todd Blanche’s false flag operation to divert attention away from President Trump’s Epstein Files issues.
What would mending early decision look like, and what would it require? There are three different components in early decision programs as currently constituted, and not all are equally problematic.
The first is the single-choice nature of early decision. For those of us who believe that college admission should be a matching process or about finding fit, early decision provides a mechanism for students to declare that one institution is their first choice, and for colleges and universities to know that a student wants to attend. The ability to declare a first choice eliminates the need for the guessing game and use of algorithms that take place under the rubric of “demonstrated interest.” If you believe that interest should be a legitimate factor in the admissions process (and I do), early decision provides the clearest way for students to communicate their interest and institutions to know that a student is seriously interested.
The more interesting, and more troubling, aspect of early decision is the binding commitment expected on the part of students. That, of course, is what makes ED appealing to colleges. Students, parents, and counselors are asked to sign off on an early decision agreement at the time of application, committing to enroll if admitted and to withdraw other applications. Interestingly enough, there is no comparable commitment from the college.
It’s not legally binding, and Currell argued that colleges are guilty of “substantial misrepresentation” in implying that the ED agreement is a legal contract. I don’t agree with him on that point. In my experience most families understand what they are getting into when they apply through early decision. Legal or not, colleges take the ED commitment seriously, treating it as a moral transgression. Recently Tulane punished students at schools where last year students reneged on the early decision commitment. Now that’s a moral transgression.
That use of the term “moral” raises a question that falls into ECA’s purview. Is the binding nature of early decision ethical?
The prima facie answer is yes, that both parties enter into a contract that, even if not legal, involves a commitment. The German philosopher Immanuel Kant said that keeping a promise is the paradigmatic ethical duty. Certainly as a counselor I would never encourage a student to apply early decision if they did not intend to live up to the commitment. But is asking the student to commit ethical?
My go-to definition of ethics is “Ethics begins where self-interest ends,” which I believe is a quote or paraphrase from Kant, although Google has also credited it to me. Early decision as currently constituted clearly serves colleges’ self-interest in at least two ways. It allows them to spread out the reading of applications, and the binding nature of early decision means that colleges know up front that almost any early decision applicant that they admit will enroll. In reality the yield is not 100 percent; a presentation several years ago at the College Board Forum suggested that ED’s actual yield is closer to 90 percent. Kant’s definition doesn’t mean that actions done for self-interest are necessarily unethical, and in fact there is an ethical theory, ethical egoism, that says that what produces the most good for you is what is ethical.
With regard to the binding nature of early decision, the question is not that simple. (WARNING: We may be about to get into the weeds–if, that is, you don’t think we entered them already.) At what point does the commitment on the part of the student kick in? Is it when the application is submitted? If so, the student and family are being asked to commit without knowing what the cost is. Is there any other instance of a transaction where that would be acceptable? Does the commitment kick in at the time of acceptance, or at least once the student has received a financial aid package?
Or should it be even later? Other major purchases (appliance, automobile) almost always have a time frame for the buyer to opt out. That’s for adults; shouldn’t it especially be the case for 17- and 18-year olds making a decision that is not only expensive but life-changing?
For that matter, don’t colleges already implicitly recognize that early decision applicants aren’t committed by the fact that they require an enrollment deposit? If they believed that the student was already committed by virtue of having been admitted through early decision, there would be no need for a deposit to hold a place.
Here’s a modest proposal to end early decision as a term and mend early decision as a practice:
Change “early decision” to “first choice admission.” Give students the option of designating one college or university as their first choice during the time frame now used for ED.
Rather than being binding, first choice admission would be designated as a “limited time offer.” Students admitted to their first choice would have several weeks to decide (probably by January 15) whether to accept the admission offer and financial aid package, but the acceptance offer would no longer be valid after the commitment date. A student who chose not to accept the first-choice offer could in theory continue to have an active application with the institution in regular decision.
Under this proposal colleges lose a little of the certainty and control they have with early decision, but they will still be able to manage enrollment through the regular admission process, knowing by mid-January how many spots they need to fill. Colleges that use early action or don’t have an early application option have been doing that for years. For students the new plan allows them to designate a first choice college and receive an earlier decision without the trauma and gamesmanship that currently mark binding early decision.
The proposal isn’t perfect because it doesn’t address the high percentages of early decision admits that many colleges are currently taking. The ethical principle here is the goal of a level playing field. Having an admission plan where it is four times easier to gain admission simply by when you apply is not a level playing field. It’s a side entrance to admission open to only some. And if you are admitting more than 50 percent through early decision, shouldn’t you be referring to that as “regular” admission?
Ethics is about ideals, about what we believe the college admissions process should represent. It shouldn’t be just about institutional interest, but about the public interest. It’s easy to get caught up in things because they are traditions, but we need to reimagine our admission practices to reflect our values and not be hesitant to “tiptoe through the tulips” to devise a college admissions process that is better and more just.