A federal judge has decided against holding a trial in a parent-brought lawsuit against Fairfax County Public Schools over changes to the admissions system at prestigious magnet school Thomas Jefferson High School for Science and Technology, known as TJ. Instead, the judge will issue a ruling.
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The case, filed in March by parent advocacy group Coalition for TJ, was supposed to go to trial Jan. 24. But U.S. District Judge Claude Hilton said at a Tuesday hearing that he sees no reason to hold a trial in the case because there are no material facts in dispute.
Officials revised the admissions system at TJ last year in an effort to boost diversity at the school, which has historically enrolled disproportionately low numbers of Hispanic and Black students, compared with county demographics. The revisions included eliminating a difficult admissions test and a $100 application fee and, instead, installing a “holistic review” process that in part judges students’ “experience factors,” including low-income status, English-speaking ability, whether the applicant has a disability and whether the applicant comes from a historically underrepresented middle school.
Fairfax County school system faces second lawsuit over changes to Thomas Jefferson admissions
In 2021, the first year the admission changes took effect, TJ admitted the most diverse class of freshmen in recent memory. Although Black and Hispanic student representation increased, the number of Asian American students dropped — from the roughly 70 percent typical in recent years to around 50 percent of the incoming class.
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In March of that year, the Coalition for TJ sued to reverse the changes, which they allege were meant to diminish the number Asian American students and thus qualify as discrimination based on race, which is outlawed under the equal-protection clause of the U.S. Constitution. The group is being represented free of charge by the Pacific Legal Foundation, a California-based conservative legal group known for its critical view of affirmative action.
It is unclear when Hilton will issue his ruling, and he gave no hint about how he might rule. Whatever he ultimately decides, both parties will be able to appeal.
Fairfax schools’ general counsel John Foster said in a statement Tuesday that the law is on the school system’s side.
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“The new [admissions] process is blind to race, gender and national origin,” Foster said. “We believe that the new process meets all legal requirements and … summary judgment should be entered in favor of the School Board.”
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The Coalition for TJ did not respond to a request for comment Wednesday. But Asra Nomani, a founding member and vice president of the group, said in a tweet Tuesday that “we will win.”
She added in a follow-up tweet, “My only disappointment in not going to trial” is not being able to testify “against FCPS Supt Scott Brabrand + his racism.”
The federal lawsuit is one of two that Fairfax is facing over admissions changes at TJ.
Virginia bill targets admissions systems at Governor’s Schools — with possible repercussions for TJ High
In November 2020, a group of parents sued to stop the admissions revisions, arguing that nixing the TJ admissions test goes against Virginia law that requires that Governor’s Schools — special schools for gifted children partially funded by the state, of which TJ is one — offer a “nationally norm-referenced aptitude test” as part of its admittance process. That suit, filed in Fairfax County Circuit Court by some of the same families that are plaintiffs in the federal suit, is ongoing but has largely stalled, with little activity in recent months.
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The Fairfax school system, Virginia’s largest with 180,000 students, is also facing an attack on TJ admissions from the legislative front. A Republican lawmaker, Del. Glenn R. Davis Jr. (Virginia Beach), introduced a bill this month that would bar Governor’s Schools from considering race in admissions.
Although Fairfax officials maintain TJ does not consider race in admissions, Foster has said the bill signals an intent to target TJ and has vowed to fight it.