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Trump's war against DEI isn't going so well in Virginia
Trump's war against DEI isn't going so well in Virginia

The Hill

time08-06-2025

  • Politics
  • The Hill

Trump's war against DEI isn't going so well in Virginia

Apparently when President Trump says 'illegal DEI,' he means lawful and common-sense efforts to integrate public schools. At least, that's the takeaway from the Department of Education's new investigation against Fairfax County Public Schools. Trump officials claim Fairfax County violated federal law when it adopted an admissions policy designed to 'change the demographic make up' of its most competitive high school. This theory, which equates integration with segregation, dates back to Barry Goldwater, who remarked in 1964 that 'the Constitution is color-blind … and so it is just as wrong to compel children to attend certain schools for the sake of so-called integration as for the sake of segregation.' It seems Trump agrees. Unfortunately for him, the Supreme Court does not. Just last year, the court declined to overturn a ruling for Fairfax County. As I explained at the time, that decision made sense. Even as the Supreme Court has shifted hard right, decades of conservative case law — including from Chief Justice John Roberts — condone racial goals such as diversity, equality and inclusion. The new investigation tracks Trump's disregard for courts and his tendency toward bluster over substance. But in important respects, it also exposes that Trump's war on DEI lacks any moral and legal basis. Some context is helpful. For decades, Black advocates sought to desegregate Thomas Jefferson High School, one of the nation's top-ranked public schools. As recently as 2012, the NAACP filed a civil rights complaint alleging that the school's admissions policies discriminated against African American and Hispanic students and students with disabilities. Things shifted in 2020. As racial justice protests erupted across the globe, local leaders grappled with the fact that in a county with roughly 100,000 Black residents, Thomas Jefferson High School admitted so few Black students that the number was too small to report. The state convened a task force to examine the causes of this ongoing exclusion at Thomas Jefferson and other Virginia schools. Following a series of hearings, the board revised the school's admissions process, eliminating a $100 application fee and a standardized testing requirement. Contrary to ongoing claims that the new policy compromised 'merit,' the board raised the minimum GPA for admission from 3.0 to 3.5 and added an honors course requirement. The new policy also implemented a holistic evaluation that included new 'experience factors,' such as whether the applicant qualified for reduced meals or is an English language learner. The updated process also ensured that each middle school receive a number of seats equal to 1.5 percent of its eighth-grade class. The school board resolved that '[t]he admission process must use only race-neutral methods that do not seek to achieve any specific racial or ethnic mix, balance or targets.' This means that admissions officials are not told the race, ethnicity, sex or name of any applicant. In Supreme Court parlance, the entire admissions process was 'colorblind.' The new process produced promising results. In its inaugural year, Thomas Jefferson High School received 1,000 more applicants than the prior cycle. This larger applicant pool also 'included markedly more low-income students, English-language learners, and girls than had prior classes at TJ.' Consistent with the heightened GPA requirement, the admitted class's mean GPA was higher than in the five preceding years. The new process also yielded greater racial diversity. Black students comprised 10 percent of the applicant pool and received nearly 8 percent of offers and Hispanic students comprised 11 percent of the applicant pool and received over 11 percent of offers. The overall percentage of Asian American students decreased from the preceding year, but Asian Americans continued to enjoy the highest percentage yield of all racial groups. And as the Fourth Circuit detailed, Asian American students from historically underrepresented middle schools 'saw a sixfold increase in offers, and the number of low-income Asian American admittees to TJ increased to 51 — from a mere one in 2020.' In short, Thomas Jefferson High School adopted a 'race-neutral' process to pursue a set of goals that included increasing Black and Hispanic representation. This is the precise type of practice the Trump administration denigrates as 'illegal DEI.' Efforts to promote racial diversity do constitute DEI. But they are far from illegal. In fact, Students for Fair Admissions v. Harvard — the 2023 decision striking down Harvard University's formal consideration of applicant race — supports most of the DEI policies Trump now targets. Writing for the majority, Chief Justice Roberts deemed Harvard's underlying goals as 'worthy' and 'commendable.' Justice Brett Kavanaugh made the point more directly; writing for himself, Kavanaugh noted that 'racial discrimination still occurs and the effects of past racial discrimination still persist' and that 'universities still can, of course, act to undo the effects of past discrimination in many permissible ways that do not involve classification by race.' The actions of the high school square with Kavanaugh's call for policies that attend to race but do not differentiate between individual students on this basis. This should short-circuit the Department of Education's investigation against Fairfax County. But it is unlikely to stall Trump's desire to outlaw integration. The Pacific Legal Foundation, which initiated the lawsuit against Fairfax County and remains a force on the right, wants to revive Goldwater's hostile approach to integration. Consider the following FAQ on Pacific Legal's website: 'schools may use or not use standardized tests, essays, interviews, or auditions, as long as their reasons for using or not using them are not racial.' By this logic, a high school could lawfully eliminate an admissions fee if motivated by public relations concerns, but it would be unlawful to take that same action if done to decrease racial barriers that exclude low-income Black and Hispanic students. Now consider higher education. Per Pacific Legal, Harvard University could eliminate admissions preferences for the children of alumni and wealthy donors if done to appease alumni pressure. But it would be unlawful for Harvard to take the same action if the goal is increasing the number of Asian American students or mitigate unearned racial preferences that flow to wealthy white applicants. The upshot is that affirmative efforts to reduce racial inequality — everything Trump dubs 'illegal DEI' — remain legal and morally just. So, at least for now, integration does not equate to segregation. Jonathan Feingold is an associate professor at Boston University School of Law. He is an expert in affirmative action, antidiscrimination law, education law, and critical race theory.

Trump Administration Opens Investigation Into Diversity Efforts at Virginia School
Trump Administration Opens Investigation Into Diversity Efforts at Virginia School

New York Times

time22-05-2025

  • Politics
  • New York Times

Trump Administration Opens Investigation Into Diversity Efforts at Virginia School

The Trump administration announced on Thursday that it was investigating the admissions system at an elite public high school in Fairfax County, Va., which has been accused of discriminating against Asian American students to favor other racial groups. The administration has repeatedly argued that the Supreme Court's ban on affirmative action in college admissions should also apply to K-12 education. But the court has never made such a statement, and it chose last year to allow the high school's admissions program to stand. The school, Thomas Jefferson High School for Science and Technology, is considered one of the best in the country. In 2020, the Fairfax County School Board overhauled the admissions process for Thomas Jefferson in an effort to diversify the majority-Asian student body. It did away with a high-stakes admissions exam and instituted a policy to reserve seats for top students from each area middle school. Applicants must also submit grades and essays. Under the new admissions process, evaluators do not know the names or races of applicants. But they do consider whether candidates overcame challenges such as poverty or learning English as a second language. The new admissions system led to a decrease in the percentage of Asian students at the school, and an increase in the percentage of Black, Hispanic and low-income students. Asian Americans still make up the largest ethnic group at Thomas Jefferson, accounting for 60 percent of students, according to district data. Nineteen percent of all students in the district are Asian. Asian American parents and other plaintiffs sued the school system in 2021 over the new policy, saying it discriminated against Asian students. A district court ruled in favor of the plaintiffs, but an appeals court ruled against them. And last year, the Supreme Court declined to hear the case, allowing the new admissions program to continue. That case was based on an equal protection claim under the Constitution. The Trump administration has based its own battle against school diversity efforts on a different law — Title VI of the Civil Rights Act of 1964, which prevents discrimination on the basis of race, color or national origin. The administration has repeatedly argued that liberal-leaning schools and colleges have violated the rights of Asian, Jewish and white students, and has tried to withhold funding from institutions that do not comply with its agenda. In a written statement announcing the investigation into Thomas Jefferson, Linda McMahon, the U.S. secretary of education, said the school's admissions system appeared to stand 'contrary to the law and to the fundamental principle that students should be evaluated on their merit, not the color of their skin.' Asra Nomani, the parent of a Thomas Jefferson graduate and a member of the coalition that filed the lawsuit against the admissions system, said the federal investigation 'revives our fight for justice and restores hope to families who have long felt ignored.' After the district eliminated the test that previously controlled admissions to Thomas Jefferson, many Asian American families in the county said they felt officials were penalizing them for encouraging their children to study for the exam. 'Our children have been vilified — called 'cheaters,' 'white-adjacent,' even 'resource hoarders' — for working hard and daring to dream,' Ms. Nomani said. Richard Kahlenberg, a prominent liberal opponent of race-based affirmative action, said he favored systems like Thomas Jefferson's, which are race-neutral but still aim to diversify schools and equalize opportunity. The Trump administration's investigation is 'a classic case of overreach,' he said. 'Of course a student who managed to do well despite growing up in a disadvantaged family or poor neighborhood deserves extra consideration.' Historically, even conservative Supreme Court justices have signaled that they are comfortable with class-based diversity efforts. But at least three justices — Clarence Thomas, Samuel Alito and Neil Gorsuch — have indicated that such programs could be understood as a sort of backdoor system of racial preference. Conservative legal groups have continued to test various cases that could prompt the court to revisit the issue of diversity efforts in K-12 education. The Trump administration announced its investigation into Fairfax County Public Schools days after a conservative advocacy group, Defending Education, filed a federal complaint against the district. Virginia's attorney general, Jason Miyares, a Republican, concluded his own investigation into the admissions system on Wednesday, finding that it violated Title VI by explicitly seeking to decrease Asian American enrollment while increasing enrollment of other groups. Given the continued federal and state legal scrutiny of such practices, 'it is entirely possible that T.J. will find itself before the Supreme Court again in due time,' said Sarah Parshall Perry, the vice president of Defending Education, using a common nickname for the high school. In a written statement, Fairfax County Public Schools said it was reviewing the new legal documents, but argued, 'This matter has already been fully litigated.' Joshua P. Thompson, an attorney with the Pacific Legal Foundation, which represented the Asian American parents fighting the new admissions system, said the political landscape has changed because the Trump administration has threatened to withhold federal funding from schools. 'The question,' he said, 'is going to be if Fairfax County decides to defend their admissions changes again in federal court.'

Education Department opens investigation of admissions at selective Virginia high school
Education Department opens investigation of admissions at selective Virginia high school

Washington Post

time22-05-2025

  • Politics
  • Washington Post

Education Department opens investigation of admissions at selective Virginia high school

WASHINGTON — The Education Department said Thursday it is opening a civil rights investigation into Fairfax County Public Schools in Virginia over the admissions policy at an elite, selective high school. A change in the admissions policy introduced five years ago at Thomas Jefferson High School for Science and Technology led to the enrollment of more Black and Hispanic students and faced a court challenge from some parents. The plaintiffs argued it came at the expense of Asian American students, whose numbers at the school dropped. The investigation comes one day after the office of Virginia's attorney general, Republican Jason Miyares, closed its own investigation, which found the school's policy discriminated against Asian American students. His office referred the case to federal authorities. 'The Department of Education is grateful for the diligent work of Governor (Glenn) Youngkin and Attorney General Miyares for documenting a pattern of concerning practices at TJ, and we will further investigate this complaint to ensure that all students being assessed fairly, according to merit and accomplishment,' Education Secretary Linda McMahon said in a statement. The U.S. Supreme Court last year declined to hear the case challenging Thomas Jefferson's admissions policy, leaving in place an appeals court ruling that let the policy stand. The school district said it would review the documents released by the state attorney general. 'This matter has already been fully litigated,' Fairfax County Public Schools said in a statement. 'A federal appellate court determined there was no merit to arguments that the admissions policy for Thomas Jefferson High School for Science and Technology discriminates against any group of students.' In 2020, the school district revised the admissions policy at Thomas Jefferson by removing a $100 application fee and admissions test and adopting a 'holistic review' process. The first class admitted under the new policy saw an increase in low-income students, English language learners and girls. About 54% of the admitted class were Asian American — a decline from prior year percentages that ranged from 65% to 75%. The percentage of Black and Hispanic students, who have been underrepresented at the school, also increased. Students' grades, a problem-solving essay, a 'portrait sheet' of their skills, and four experience factors — special education status, eligibility for free or reduced-price meals, whether they were an English language learner and whether they attended a historically underrepresented public middle school — were part of the review. Admissions evaluators did not have access to students' name, race or other demographic information. A district court initially ruled in favor of the parents' group that challenged the policy, but an appeals court later overturned that ruling. The appeals court noted that while the percentage of Asian American students had declined under the new policy compared to earlier classes, Asian American students outperformed their share of the applicant pool. The case had been considered a possible next step to challenging admissions practices, after the Supreme Court struck down affirmative action and explicit consideration of race in its 2023 ruling against Harvard and the University of North Carolina. But in 2024, the Supreme Court declined to take up the case. ___ The Associated Press' education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at

Education Department opens investigation of admissions at selective Virginia high school
Education Department opens investigation of admissions at selective Virginia high school

Associated Press

time22-05-2025

  • Politics
  • Associated Press

Education Department opens investigation of admissions at selective Virginia high school

WASHINGTON (AP) — The Education Department said Thursday it is opening a civil rights investigation into Fairfax County Public Schools in Virginia over the admissions policy at an elite, selective high school. A change in the admissions policy introduced five years ago at Thomas Jefferson High School for Science and Technology led to the enrollment of more Black and Hispanic students and faced a court challenge from some parents. The plaintiffs argued it came at the expense of Asian American students, whose numbers at the school dropped. The investigation comes one day after the office of Virginia's attorney general, Republican Jason Miyares, closed its own investigation, which found the school's policy discriminated against Asian American students. His office referred the case to federal authorities. 'The Department of Education is grateful for the diligent work of Governor (Glenn) Youngkin and Attorney General Miyares for documenting a pattern of concerning practices at TJ, and we will further investigate this complaint to ensure that all students being assessed fairly, according to merit and accomplishment,' Education Secretary Linda McMahon said in a statement. The U.S. Supreme Court last year declined to hear the case challenging Thomas Jefferson's admissions policy, leaving in place an appeals court ruling that let the policy stand. The school district said it would review the documents released by the state attorney general. 'This matter has already been fully litigated,' Fairfax County Public Schools said in a statement. 'A federal appellate court determined there was no merit to arguments that the admissions policy for Thomas Jefferson High School for Science and Technology discriminates against any group of students.' In 2020, the school district revised the admissions policy at Thomas Jefferson by removing a $100 application fee and admissions test and adopting a 'holistic review' process. The first class admitted under the new policy saw an increase in low-income students, English language learners and girls. About 54% of the admitted class were Asian American — a decline from prior year percentages that ranged from 65% to 75%. The percentage of Black and Hispanic students, who have been underrepresented at the school, also increased. Students' grades, a problem-solving essay, a 'portrait sheet' of their skills, and four experience factors — special education status, eligibility for free or reduced-price meals, whether they were an English language learner and whether they attended a historically underrepresented public middle school — were part of the review. Admissions evaluators did not have access to students' name, race or other demographic information. A district court initially ruled in favor of the parents' group that challenged the policy, but an appeals court later overturned that ruling. The appeals court noted that while the percentage of Asian American students had declined under the new policy compared to earlier classes, Asian American students outperformed their share of the applicant pool. The case had been considered a possible next step to challenging admissions practices, after the Supreme Court struck down affirmative action and explicit consideration of race in its 2023 ruling against Harvard and the University of North Carolina. But in 2024, the Supreme Court declined to take up the case. ___ The Associated Press' education coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at

Trump administration probes elite Virginia high school's admissions policies
Trump administration probes elite Virginia high school's admissions policies

Reuters

time22-05-2025

  • Politics
  • Reuters

Trump administration probes elite Virginia high school's admissions policies

May 22 (Reuters) - The Trump administration has launched civil rights investigations into whether an admissions policy aimed at diversifying an elite Virginia high school's student body is racially discriminatory. The U.S. Departments of Justice and Education opened the investigations a year after the U.S. Supreme Court declined to hear a legal challenge alleging that same admissions policy at Thomas Jefferson High School for Science and Technology discriminated against Asian American students. U.S. Secretary of Education Linda McMahon in a statement on Thursday said the policy appears "contrary to the law and to the fundamental principle that students should be evaluated on their merit, not the color of their skin." Fairfax County Public Schools, the system that oversees the school, in a statement said the matter "has already been fully litigated." The Alexandria-based state-chartered magnet school, known as TJ, often ranks among the best U.S. public high schools. Before 2020, it took most students from a small number of "feeder" middle schools in more affluent parts of Fairfax County. The admissions process at the time produced incoming classes with few Black or Hispanic students. Asian Americans comprised 71.5% of its student body in 2019, and white students accounted for another 19.5%. In 2020, the school board adopted a new admissions policy that eliminated a standardized test from its admissions process, capped the number of students from each of the district's middle schools and guaranteed seats for the top students from each. After the overhaul, the share of Black and Hispanic students increased, but the percentage of admissions offers made to Asian-American students fell to 54% from 73% the year before. A parents group backed by a conservative legal organization sued, arguing the policy was discriminatory. The Richmond-based 4th U.S. Circuit Court of Appeals disagreed, and the U.S. Supreme Court declined to hear the case, a surprise to some given its 2023 landmark ruling rejecting race-conscious college admissions policies. Following a referral from Virginia's Republican attorney general, Harmeet Dhillon, the head of the Justice Department's Civil Rights Division, in a letter, opens new tab said the department would investigate if the school was unlawfully using race in admission decisions. The U.S. Department of Education's Office for Civil Rights said it also is examining whether Fairfax County Public Schools was violating Title VI of the Civil Rights Act of 1964.

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