{"id":1343901,"date":"2022-02-25T21:37:31","date_gmt":"2022-02-26T02:37:31","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1343901"},"modified":"2022-02-25T21:37:38","modified_gmt":"2022-02-26T02:37:38","slug":"federal-judge-rules-virginia-high-schools-admissions-changes-are-discriminatory-infected-with-talk-of-racial-balancing","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/federal-judge-rules-virginia-high-schools-admissions-changes-are-discriminatory-infected-with-talk-of-racial-balancing\/","title":{"rendered":"Federal Judge Rules Virginia High School&#039;s Admissions Changes Are Discriminatory, &#039;Infected with Talk of Racial Balancing&#039;"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ffederal-judge-rules-virginia-high-schools-admissions-changes-are-discriminatory-infected-with-talk-of-racial-balancing%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1343901&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p class=\"subheading\">A federal judge Friday <a href=\"https:\/\/pacificlegal.org\/wp-content\/uploads\/2021\/03\/Coalition-for-TJ-v.-Fairfax-County-School-Board-Decision.pdf\">ruled<\/a> that admissions changes at the nation\u2019s top public high school, which were put in place to pursue \u201cequity,\u201d are discriminatory against Asian Americans.<\/p>\n<p>\u201cThe undisputed evidence demonstrates precisely how the Board\u2019s actions caused, and will continue to cause, a substantial racial impact,\u201d U.S. District Court Judge Claude Hilton wrote in his decision. \u201cThe Board instituted a system that does not treat all applicants to TJ [Thomas Jefferson High School] equally.\u201d<\/p>\n<figure id=\"D-ROS-B1\" class=\"a8d\"><\/figure>\n<figure id=\"M-ROS-B1\" class=\"a8d\"><\/figure>\n<figure id=\"gmxrevmore\" class=\"H\"><\/figure>\n<p>\u201cPlacing the Board\u2019s actions in a historical context leaves little doubt that its decision to overhaul the TJ admissions process was racially motivated,\u201d Hilton, an appointee of former President Ronald Reagan, continued.<\/p>\n<p>Thomas Jefferson High School for Science and Technology (TJ), an elite Governor\u2019s School in Virginia\u2019s Fairfax County Public Schools (FCPS) system, is a specialized Science, Technology, Engineering, and Mathematics (STEM) high school that requires an entrance exam. Due to objective testing, it has consistently maintained a high percentage of Asian students (nearly 72 percent in the 2020-21 school year), which prompted the far-left FCPS school board to institute race-based considerations for entry.<\/p>\n<p>In response, Coalition for TJ, a coalition of parents, students, and alumni represented by the Pacific Legal Foundation (PLF), filed a civil rights lawsuit against FCPS.<\/p>\n<figure id=\"M-ROS-B2\" class=\"a8d\"><\/figure>\n<blockquote class=\"twitter-tweet\" data-width=\"550\" data-dnt=\"true\">\n<p lang=\"en\" dir=\"ltr\">WE WON! <a href=\"https:\/\/twitter.com\/coalitionforTJ?ref_src=twsrc%5Etfw\">@coalitionforTJ<\/a> and <a href=\"https:\/\/twitter.com\/PacificLegal?ref_src=twsrc%5Etfw\">@PacificLegal<\/a> WON! Judge Claude Hilton rules Fairfax County Public Schools is discriminating against Asians in its new admissions policy to Thomas Jefferson HS for Science and Technology. The American dream won!Read decision: <a href=\"https:\/\/t.co\/d509L0Za6W\">https:\/\/t.co\/d509L0Za6W<\/a> <a href=\"https:\/\/t.co\/EUMmUQHDyw\">pic.twitter.com\/EUMmUQHDyw<\/a><\/p>\n<p>\u2014 Asra Q. Nomani \ud83d\udc3b (@AsraNomani) <a href=\"https:\/\/twitter.com\/AsraNomani\/status\/1497315629958791170?ref_src=twsrc%5Etfw\">February 25, 2022<\/a><\/p>\n<\/blockquote>\n<p>\u201cCoalition for TJ is thrilled by Judge Claude Hilton\u2019s clear renunciation of racism and discrimination and his powerful defense of equality,\u201d Asra Nomani, Co-Founder of Coalition for TJ and alumni-parent of a student in the class of 2021, told Breitbart News. \u201cFor almost two years, our courageous families have battled an incalcitrant and racist school board and superintendent intent on using \u2018social justice,\u2019 \u2018equity\u2019 and \u2018anti-racism\u2019 to perpetuate racism and discrimination against Asian students and families. Today\u2019s decision is a victory for all students, all families and the United States of America. It is a victory for equality under the law, merit education and the American Dream. We are so grateful to the team at Pacific Legal Foundation for being relentless defenders of justice. May all parents, citizens and students have the moral courage and willpower of our families to stand up for their values and beliefs, as our amazing families have done.\u201d<\/p>\n<p>Hilton\u2019s opinion laid out the changes in the TJ admissions system from one based on academic metrics to one based on other considerations. The process no longer required standardized test-taking but did take into account \u201cExperience Factors\u201d including \u201can applicant\u2019s (a) attendance at a middle school deemed historically underrepresented at TJ; (b) eligibility for free and reduced price meals; (c) status as an English language learner; and (d) status as a special education student.\u201d<\/p>\n<p>Hilton then went on to note that Virginia\u2019s then-Democrat-run General Assembly and Governor\u2019s Mansion required \u201cdiversity goals\u201d for the Commonwealth\u2019s Governor\u2019s Schools. In response to both the protests and riots following the death of George Floyd, as well as TJ\u2019s admissions report showing black students as a very small portion of the 2024 graduating class, TJ Principal Ann Bonitatibus wrote that \u201crecent events of our nation with black citizens facing death and continued injustices remind us that we each have a responsibility to our community to speak up and take actions that counter racism and discrimination in our society.\u201d<\/p>\n<p>To Bonitatibus, TJ \u201cdid not reflect the racial composition in FCPS,\u201d and if it did, the school \u201cwould enroll 180 black and 460 Hispanic students, filling nearly 22 classrooms.\u201d<\/p>\n<figure id=\"M-ROS-B3\" class=\"a8d adSo\"><\/figure>\n<p>Hilton noted in the decision that the \u201ccounty-wide racial makeup of FCPS students is: 36.8% white, 27.1% Hispanic, 19.8% Asian American, and 10% black.\u201d<\/p>\n<p>The judge focused on the degree to which FCPS board members focused purely on race as a motivator for making their decisions, as opposed to something else that may have disparate impact but would be applied neutrally.<\/p>\n<figure id=\"D-ROS-B2\" class=\"a8d\"><\/figure>\n<p>\u201cBoard member communications show a consensus that, in their view, the racial makeup of TJ was problematic and should be changed,\u201d he began. \u201cThe discussion of TJ admissions changes was infected with talk of racial balancing from its inception.\u201d<\/p>\n<div id=\"attachment_19884042\" class=\"wp-caption alignnone\"><a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/02\/nov5-2020-parents-file-lawsuit-fairfax-county-school-board-ap.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-19884042\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2022\/02\/nov5-2020-parents-file-lawsuit-fairfax-county-school-board-ap.jpg\" alt=\"James Pan, the parent of an eighth-grader, speaks about a lawsuit he and other parents filed against the Fairfax County School Board over its plans to change the admissions process at Thomas Jefferson High School for Science and Technology, an elite public schools regularly ranked as one of the nation&#039;s best, Thursday, Nov. 5, 2020 in Fairfax, Va. (AP Photo\/Matthew Barakat)\" width=\"640\" height=\"480\" \/><\/a><\/p>\n<p class=\"wp-caption-text\">James Pan, the parent of an eighth-grader, speaks about a lawsuit he and other parents filed against the Fairfax County School Board over its plans to change the admissions process at Thomas Jefferson High School for Science and Technology, an elite public schools regularly ranked as one of the nation\u2019s best, Thursday, Nov. 5, 2020, in Fairfax, VA. (AP Photo\/Matthew Barakat)<\/p>\n<\/div>\n<p>\u201cThroughout this process, Board members and high-level FCPS officials expressed their desire to remake TJ admissions because they were dissatisfied with the racial composition of the school,\u201d Hilton explained. \u201cA means to accomplish their goal of achieving racial balance was to decrease enrollment of the only racial group \u2018overrepresented\u2019 at TJ \u2014 Asian Americans. The Board employed proxies that disproportionately burden Asian-American students.\u201d<\/p>\n<p>\u201cThe Board members need not harbor racial animus to act with discriminatory intent,\u201d but, Hilton ruled quoting case law,\u00a0strict scrutiny applies when government actions \u201care motivated by a racial purpose or object\u201d and \u201cthe record demonstrates that the Board harbored such a purpose.\u201d<\/p>\n<figure id=\"M-ROS-B4\" class=\"a8d adSo\"><\/figure>\n<p>Indeed, the superintendent and several school board members were active and outspoken in their race-based machinations.<\/p>\n<p>\u201c[School Board member Rachna] Sizemore Heizer wrote to [Superintendent] Brabrand to suggest that he frame his plan as \u2018increasing diversity through redefining merit,&#8217;\u201d Hilton explained. \u201c[School Board member Abrar] Omeish used more aggressive language, writing that she planned to \u2018support the proposal towards greater equity, to be clearly distinguished from equality.&#8217;\u201d<\/p>\n<p>\u201cFar from a compelling interest, racial balancing for its own sake is \u2018patently unconstitutional,&#8217;\u201d Hilton said. \u201cThe Board cannot transform racial balancing into a compelling interest \u2018simply by relabeling it racial diversity.&#8217;\u201d<\/p>\n<p>The evidence shows the process was rushed, not transparent, and more concerned with simply doing something to alter the racial balance at TJ than with public engagement,\u201d the judge concluded. \u201cThe proper remedy for a legal provision enacted with discriminatory intent is invalidation.\u201d<\/p>\n<p>\u201cThis is a monumental win for parents and students here in Fairfax County, but also for equal treatment in education across the country,\u201d PLF attorney Erin Wilcox <a href=\"https:\/\/pacificlegal.org\/press-release\/federal-judge-rules-that-admissions-changes-at-nations-top-public-school-discriminate-against-asian-american-students\/\">said<\/a>. \u201cWe hope this ruling sends the message that government cannot choose who receives the opportunity to attend public schools based on race or ethnicity.\u201d<\/p>\n<p>\u201cParents Defending Education is thrilled by Judge Claude Hilton\u2019s vindication of the courageous parents in Coalition for TJ who stood up against racism and injustice,\u201d Parents Defending Education President Nicole Neily said. \u201cTheir hard work, which began in August 2020, served as an inspiration for the thousands of parents we have across the country who are challenging school boards that are failing to govern with fairness and transparency. This, like the recall of school board members in San Francisco, is a victory for parents nationwide.\u201d<\/p>\n<p>The case is <em>Coalition for TJ v. Fairfax County School Board<\/em>, No. 1:21cv296, in the U.S. District Court for the Eastern District of Virginia.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A federal judge Friday ruled that admissions changes at the nation\u2019s top public high school, which were put in place to pursue \u201cequity,\u201d are discriminatory against Asian Americans. \u201cThe undisputed<\/p>\n","protected":false},"author":1,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1343901","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1343901","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1343901"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1343901\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1343901"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1343901"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1343901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}