Supreme Court lets elite high school keep equity admissions policy accused of anti-Asian discrimination, for now



The U.S. Supreme Court on Monday declined to block an equity admissions policy at an elite public school in Virginia that is accused of discriminating against Asian-American students.

The court denied a request by a coalition of racial minority parents to block the new admissions policy at Thomas Jefferson High School for Science and Technology in Fairfax County, Va. The school is considered one of the best public high schools in the nation and has a selective admissions program to recruit gifted students.

In 2020, the school overhauled its admissions policy, replacing an entrance exam with a system that weights "experience factors" such as whether applicants are "economically disadvantaged" or if they have attended "historically underrepresented" middle schools in the district. The change was made in response to years of criticism that black and Hispanic students were disproportionately underrepresented in the student body.

However, a group of mostly Asian and immigrant parents called the the Coalition for TJ sued, claiming that the new policy unfairly discriminates against students of Asian descent. A lower court found that after adopting the new admissions criteria, Asian student enrollment significantly decreased from 73% of the student body to 54% in the first year.

The Coalition for TJ argues this was intentional, that the school board wanted to racially balance school admissions by unconstitutionally giving preference to black and Hispanic students and excluding Asian students. Lawyers for the school board argue that the policy is "race neutral" and that it is intended to promote diversity.

A district court blocked the admissions policy in February, ruling that it violates the equal protection rights of Asian-American students. But a federal appeals court later put that ruling on hold as the case works its way through the appeals process. The Coalition for TJ then asked the Supreme Court for an emergency order to reinstate the district court's stay on the admissions policy.

“The Fourth Circuit’s decision to allow TJ’s discriminatory process to continue will cause significant harm to the students who are going through the admissions process for the next school year,” said Pacific Legal Foundation attorney Glenn Roper, who is representing the parents, in a statement earlier this month. “The district court decision found a clear constitutional violation, and we hope that the Supreme Court will agree that this stay should be vacated and the discriminatory process halted while the case proceeds.”

The Supreme Court, however, declined this request in an order that did not explain the decision. Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch noted they would have granted the request.

Should the Fourth Circuit Court of Appeals rule in favor of the school district, the Coalition for TJ will fight their case up to the Supreme Court, group co-founder Asra Nomani told National Review on Monday.

“Coalition for TJ v. Fairfax County School Board is the Brown v. Board of Education for the 21st century, and we will ultimately prevail,” Nomani said.

“This revision to TJ admissions is a crime. We are witness to a tragedy in American history, revisiting blatant racism against an ethnic minority whose only offense was outperforming their white counterparts. Our school board proves that racism is alive and well in our country, but this time, it is coming from the progressive left,” added Harry Jackson, a father of a Thomas Jefferson student and Coalition for TJ co-founder.

Virginia's Fairfax County teachers union demands schools remain closed until August 2021, possibly longer



The teachers union of Fairfax County in Virginia wants schoolchildren to learn from home for the rest of the school year until August 2021.

"Science and Health Safety data support and require that no one should return to in person instruction until there is a widely available scientifically proven vaccine or highly effective treatment" for COVID-19, the Fairfax Education Association wrote in a letter-campaign addressed to the Fairfax County school board and superintendent.

"The metric for Safe Reopening should be 14 days of zero community spread," the letter stated.

The Fairfax County teacher’s union wants all public schools closed at least until August 2021. @FCPSSupt https://t.co/CuLCXRCGOV
— Rory Cooper (@Rory Cooper)1603197655.0

In addition to closing schools through the 2020-21 school year, the teachers union demanded that limited reopening be attempted only if "all buildings" are equipped with "HVAC Merv-13 filters," if all staff is provided with "Medical Grade PPE" including N95 masks, goggles, face shields, and more, and if COVID-19 testing is available for staff.

"Since none of the requirements for safe return are likely to be met in the foreseeable future of the 2020-21 school year we reiterate: Keep Fairfax County Public Schools Virtual for the 2020-21 school year," the letter concluded.

The Washington Free Beacon reported that Fairfax County Public Schools Superintendent Scott Brabrand last week published an update for parents explaining when and how in-person learning in schools will resume. The plan is to begin in-person instruction for small groups of students who are having the most difficulty with distance learning.

"We will follow strict safety and health protocols to minimize health risks for students and staff," the school said.

On Monday, classroom learning began for preschoolers with autism, students in "early childhood classes, and students in specialized high school career preparatory programs." The district plans to phase in other students returning to school in different groups over the next several weeks. They have put in place several policies to limit the spread of COVID-19 as students and teachers return to class.

The union's demands come as mounting evidence suggests there is no clear link between schools reopening and coronavirus infection rates surging. Additionally, there are growing concerns that so-called "distance learning," with children staring at computer screens for most of the day, is failing children and parents who can't handle it.

In New York City, an epicenter of the pandemic where reopening is limited and conditional on targeted random virus testing efforts, the New York Times reports expected outbreaks among the city's 1,800 public schools have not materialized in the three-weeks since in-person learning resumed.

Yet, the Free Beacon notes, a Brown University study showed that districts with strong teachers unions, like Fairfax County, were more likely to recommend schools remain closed. In a statement to the Free Beacon, the Fairfax County Public Schools district said school officials maintain returning to the classroom is best for students.

"We firmly believe that while virtual environments are necessary at the current time, students learn best in-person," a district spokeswoman said.

School reopening in the United States varies by state and individual school district. So far, only Arizona, Iowa, Florida, and Texas have ordered schools to open.