The U.S. Department of Education’s Office for Civil Rights (OCR) has initiated an investigation into the Fairfax County Public Schools (FCPS) in Virginia regarding its 2020 revision of the admissions policy for Thomas Jefferson High School for Science and Technology (TJ).
The investigation follows a report by Virginia Attorney General Jason Miyares, which concluded that the revised admissions policy discriminated on the basis of race, specifically against Asian American students.
Background of the Investigation
In 2020, the Fairfax County School Board overhauled TJ’s admissions policy, dropping the requirement for standardized testing and implementing a “holistic review” process, which was intended to promote racial diversity.
The report from Attorney General Miyares claims that this new policy was designed to reduce the percentage of Asian American students, who historically made up a significant portion of the student body at TJ, and increase diversity by considering race in the admissions decisions.
The revised policy has faced criticism for prioritizing racial balancing over merit, with critics arguing that it unfairly targeted high-performing Asian American students.
According to Miyares’ report, the policy led to a sharp decrease in the proportion of Asian American students admitted to TJ, dropping from 73% to 54% in just one year.
Concerns and Legal Framework
U.S. Secretary of Education Linda McMahon expressed concerns about the policy, stating that admissions decisions should be based on merit, not race.
She emphasized that race should not be a factor in evaluating students, and that all students should be given fair opportunities based on their abilities and accomplishments.
The investigation is based on Title VI of the Civil Rights Act of 1964, which prohibits discrimination in federally funded education programs on the grounds of race, color, or national origin.
The Virginia Attorney General’s office found reasonable cause to believe that the FCPS’s actions violated these provisions and referred the matter to both the Department of Education and the Department of Justice for further enforcement.
Virginia Governor Glenn Youngkin also criticized the revised admissions policy, claiming it was designed to intentionally reduce the number of Asian American students admitted to TJ.
He expressed gratitude for the federal investigation, which seeks to protect the civil rights of all students and eliminate illegal discrimination.
The Impact on Asian American Students
The revision of the admissions process at TJ is seen by many as an example of racial discrimination in education, particularly as it pertains to Asian American students.
The policy’s shift from a merit-based system to a more subjective, holistic review process is believed to have disproportionately affected this group.
Asian American students, who have historically outperformed other groups in standardized testing and academic achievement, were significantly reduced in number at TJ after the implementation of the new policy.
Attorney General Miyares’ investigation revealed that the new admissions process was specifically designed to exclude Asian American students, as the school sought to address concerns about the racial composition of the school. His office cited several written communications from the Fairfax County School Board that revealed a clear intent to reduce Asian American representation at TJ.
Legal Precedents and the Way Forward
The case has broader implications for admissions policies across the country.
In 2023, the U.S. Supreme Court ruled in Students v. Harvard that race-based admissions policies are unconstitutional, further emphasizing that educational institutions cannot use race as a factor in their admissions processes.
This ruling strengthens the argument that FCPS’s revised admissions policy, which allegedly prioritized race over merit, may be in violation of federal law.
The U.S. Department of Education’s OCR investigation will determine whether FCPS violated the civil rights of Asian American students by implementing an admissions policy that discriminates based on race.
This investigation is part of a larger effort to ensure that schools and educational institutions adhere to the principles of fairness and equality in their admissions processes.
The investigation into Fairfax County Public Schools and its revised admissions policy for Thomas Jefferson High School for Science and Technology highlights the ongoing debate over race and merit in education.
As the Department of Education works to determine whether racial discrimination occurred in the admissions process, the case could set important legal precedents for other school districts across the country.
