Court Nixes School Board’s “Social Justice” Admissions Policy

Introduction

The Fairfax County School Board implemented a new admissions policy last year for the elite Thomas Jefferson High School for Science and Technology (“TJ”), designed to increase the percentage of African American and Hispanic students in the school at the expense of Asian Americans.  Yesterday, the federal district court in Alexandria struck down the program as racially discriminatory.

The ruling is a resounding defeat for the School Board’s single-minded focus on “social justice” and “equity”; and it is a major victory for those who believe in meritocracy and color-blind application of law.

The New Criteria for Admission to TJ

In the past, TJ has been the top-rated high school in the country.  The criteria for admission were rigorous, based on a standardized test, the student’s GPA and completion of certain math classes in middle school, and teacher recommendations.

Admission to TJ was race-neutral and merit-based.  Because race and ethnicity played no role, the student body was not racially “balanced.”  Indeed, in recent years, about 70 percent of the students were Asian Americans, and the percentages of African American and Hispanic students were in the single digits.

This outcome didn’t sit well with a school board that’s been fixated on “social justice.”  So, it adopted a new admissions policy last year to rectify the “inequity.”  The new program (i) eliminated the standardized test, (ii) guaranteed admission to the top-performing 1.5 percent of the students in every middle school in the county, and (iii) awarded bonus points for socio-economic factors such as family income and living in an area historically under-represented at TJ.

The new criteria for admission did not specifically mention race.  However, because Asian Americans and other racial/ethnic groups are not evenly distributed in the county, the outcome was predetermined.  By basing admission to TJ on where people live, and by awarding bonus points for certain socio-economic factors, the new admissions criteria were guaranteed to disadvantage Asian Americans and to assist African Americans and Hispanics.

In the first freshman class admitted with the new criteria, the percentage of Asian Americans dropped dramatically, from 73 to 54 percent.  The percentage of other minorities increased somewhat, but in terms of numbers, white students were the greatest beneficiaries.

The court ruled yesterday that the admissions criteria were unlawfully discriminatory on the basis of race.  Many internal communications among school administrators demonstrated that although the criteria carefully avoided mentioning race, the clear purpose was to change the racial make-up of TJ.

Analysis

The fight may not be over.  The School Board might appeal the district court’s ruling to the court of appeals, and the final outcome may also be affected by cases now pending in the U.S. Supreme Court, involving admissions criteria at some elite universities.  At least for now, however, yesterday’s decision is a significant victory for meritocracy and race-neutral administration of public schools.

Almost everyone supports providing additional educational resources to students who are under-performing.  No one would object if more minority students would become academically prepared in elementary and middle school for the most rigorous high school in the country.  The question, however, is whether it is lawful, or fair, to artificially increase minority enrollment at the expense of others in the name of “equity.”

The Fairfax County School Board’s revised admissions criteria for TJ were especially questionable in that the intended discrimination was against one minority group in favor of another.  Asian Americans have suffered historical discrimination, as have others.  And many Asian American students are children of first- or second-generation immigrants who came to America without “privileges.”  Their success in Fairfax County’s schools is not because of any preferences in their favor; it is because their families have instilled in them the importance of education and hard work.  To discriminate against them because of their achievements is particularly unfair.

It is also relevant to ask whether the new TJ admissions policy would ultimately benefit minority students.  If ninth graders who are academically unprepared are thrown into the most rigorous high school in the country, what will be the result?  If they struggle to keep up with the very best students in the area, will their education and self-worth be improved?  They could get a first-class high school education in math and science at any of Fairfax County’s other highly regarded high schools, and perhaps rank in the upper levels of performance.   Would not this be a superior outcome for them?

And what about the community at large?  Given all the excellent educational opportunities available, isn’t it beneficial to have one high school devoted to the brightest students, regardless of race?  Another question: If the academic criteria for admission to TJ are watered down, how can it maintain its status as the most rigorous high school in the country?

Some unprepared freshmen might flower and excel at TJ, but, on average, their grades are likely to be below average.  What then?  Given the mind-set of educators who believe that the outcome should be the same for all, would there then be a push to water down the curriculum, or the testing, to achieve “equity”?

As previous postings on this site have shown, the Fairfax County School Board’s race-centric policies extend far beyond what the Board has tried to do with TJ.  Yesterday’s ruling will not change things overnight.  But it is certainly an excellent first step in the right direction.