Education
Supreme Court Is Asked to Hear a New Admissions Case on Race
In the latest challenge to the role race may play in school admissions, a legal activist group asked the Supreme Court on Monday to hear a case on how students are selected at one of the country’s top high schools, Thomas Jefferson High School for Science and Technology.
A divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit ruled in May that Thomas Jefferson, a public school in Alexandria, Va., did not discriminate in its admissions. The Pacific Legal Foundation, a libertarian law group, wants the Supreme Court to overturn that decision, arguing that the school’s new admissions policies disadvantaged Asian American applicants.
At issue is the use of what the school board said were race-neutral criteria to achieve a diverse student body. The constitutionality of such practices was left open in the Supreme Court’s decision in June against Harvard and the University of North Carolina, effectively banning the use of race-conscious admissions practices by colleges, though the majority opinion said, quoting an earlier decision, that “what cannot be done directly cannot be done indirectly.”
Although the new case involves a prestigious magnet high school, the decision could ultimately affect colleges, which are implementing new admissions criteria after the June decision. “This is the next frontier,” Joshua P. Thompson, a lawyer with the Pacific Legal Foundation, has said of the litigation.
In its filing Monday asking the Supreme Court to review the case, the Pacific Legal Foundation argued that Thomas Jefferson’s admissions plan was “intentionally designed to achieve the same results as overt racial discrimination.”
Specifically referring to the Supreme Court’s affirmative action decision, the filing said that its “guarantees might mean little if schools could accomplish the same discriminatory result through race-neutral proxies.”
“The longer this question is not resolved,” the petition said, “the more incentive school districts (and now universities) will have to develop workarounds that enable them to racially discriminate without using racial classifications.”
The Thomas Jefferson case arose in late 2020, after protests over the murder of George Floyd. Officials in Fairfax County, Va., concerned about the few Black and Hispanic students at Thomas Jefferson, changed admissions standards. In addition to eliminating a rigorous entry exam, the school decided to offer admission to the top students from each middle school in its area rather than the top applicants from any school.
Admissions officers were also instructed to consider “experience factors,” such as whether students were poor, learning English or attending a middle school that was “historically underrepresented.” But the officers were not told the race, sex or name of any applicant.
A group of parents, many of them Asian American, objected to the plan and started the Coalition for T.J. The Pacific Legal Foundation, which has filed similar lawsuits in New York and Montgomery County, Md., is representing the organization for free.
The parents, arguing that the plan was not truly race-neutral, said that gifted Asian American students were clustered in a few middle schools, and that limiting the number of students from each school shut out worthy Asian American applicants.
After the changes went into effect in 2021, the percentage of Asian American students offered admission dropped to 54 percent from 73 percent. The percentage of Black students grew to 8 percent from no more than 2 percent; the percentage of Hispanic students grew to 11 percent from 3 percent; and the percentage of white students grew to 22 percent from 18 percent.
In the Fairfax County school system, about 37 percent of students are white, 27 percent are Hispanic, 20 percent are Asian and 10 percent are Black.
Writing for the majority in the appeals court’s decision in May, Judge Robert B. King, who was appointed by President Bill Clinton, said the before and after numbers were not the right place to start the analysis. That would, he said, quoting from the school board’s brief, turn “the previous status quo into an immutable quota.”
He added that the school, widely known as T.J., had a legitimate interest in “expanding the array of student backgrounds.”
In dissent, Judge Allison J. Rushing wrote that the majority had refused “to look past the policy’s neutral varnish” and consider instead “an undisputed racial motivation and an undeniable racial result.”
Judge Rushing, who was appointed by President Donald J. Trump, added that the Constitution’s guarantee of equal protection “would be hollow if governments could intentionally achieve discriminatory ends under cover of neutral means.”
The decision reversed a 2022 ruling by Judge Claude M. Hilton of the Federal District Court in Alexandria, who found that the changes made by the school board had disproportionately burdened Asian American students and were “racially motivated.” The discussion of the planned changes, he wrote, was “infected with talk of racial balancing from its inception.”
“It is clear that Asian American students are disproportionately harmed by the board’s decision to overhaul T.J. admissions,” Judge Hilton wrote. “Currently and in the future, Asian American applicants are disproportionately deprived of a level playing field.”
The Supreme Court has already had one encounter with the case. In April 2022, the court rejected an emergency request from the Coalition for T.J. to block the new admissions criteria while the case moved forward. That was before the court’s decision in June banning race-conscious admissions in higher education.
Even so, the court’s three most conservative members — Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch — said they would have granted the request.
Education
Video: Biden Apologizes for U.S. Mistreatment of Native American Children
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transcript
Biden Apologizes for U.S. Mistreatment of Native American Children
President Biden offered a formal apology on Friday on behalf of the U.S. government for the abuse of Native American children from the early 1800s to the late 1960s.
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The Federal government has never, never formally apologized for what happened until today. I formally apologize. It’s long, long, long overdue. Quite frankly, there’s no excuse that this apology took 50 years to make. I know no apology can or will make up for what was lost during the darkness of the federal boarding school policy. But today, we’re finally moving forward into the light.
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Education
Video: Los Angeles Bus Hijacked at Gunpoint
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Los Angeles Bus Hijacked at Gunpoint
The person suspected of hijacking a bus which killed one person, was taken into custody after an hourlong pursuit by the Los Angeles Police Department early Wednesday morning.
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“Get him.”
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Education
The Youngest Pandemic Children Are Now in School, and Struggling
The pandemic’s babies, toddlers and preschoolers are now school-age, and the impact on them is becoming increasingly clear: Many are showing signs of being academically and developmentally behind.
Interviews with more than two dozen teachers, pediatricians and early childhood experts depicted a generation less likely to have age-appropriate skills — to be able to hold a pencil, communicate their needs, identify shapes and letters, manage their emotions or solve problems with peers.
A variety of scientific evidence has also found that the pandemic seems to have affected some young children’s early development. Boys were more affected than girls, studies have found.
“I definitely think children born then have had developmental challenges compared to prior years,” said Dr. Jaime Peterson, a pediatrician at Oregon Health and Science University, whose research is on kindergarten readiness. “We asked them to wear masks, not see adults, not play with kids. We really severed those interactions, and you don’t get that time back for kids.”
The pandemic’s effect on older children — who were sent home during school closures, and lost significant ground in math and reading — has been well documented. But the impact on the youngest children is in some ways surprising: They were not in formal school when the pandemic began, and at an age when children spend a lot of time at home anyway.
The early years, though, are most critical for brain development. Researchers said several aspects of the pandemic affected young children — parental stress, less exposure to people, lower preschool attendance, more time on screens and less time playing.
Yet because their brains are developing so rapidly, they are also well positioned to catch up, experts said.
The youngest children represent “a pandemic tsunami” headed for the American education system, said Joel Ryan, who works with a network of Head Start and state preschool centers in Washington State, where he has seen an increase in speech delays and behavioral problems.
Not every young child is showing delays. Children at schools that are mostly Black or Hispanic or where most families have lower incomes are the most behind, according to data released Monday by Curriculum Associates, whose tests are given in thousands of U.S. schools. Students from higher-income families are more on pace with historical trends.
But “most, if not all, young students were impacted academically to some degree,” said Kristen Huff, vice president for assessment and research at Curriculum Associates.
Recovery is possible, experts said, though young children have not been a main focus of $122 billion in federal aid distributed to school districts to help students recover.
“We 100 percent have the tools to help kids and families recover,” said Catherine Monk, a clinical psychologist and professor at Columbia, and a chair of a research project on mothers and babies in the pandemic. “But do we know how to distribute, in a fair way, access to the services they need?”
What’s different now?
“I spent a long time just teaching kids to sit still on the carpet for one book. That’s something I didn’t need to do before.”
David Feldman, kindergarten teacher, St. Petersburg, Fla.
“We are talking 4- and 5-year-olds who are throwing chairs, biting, hitting, without the self-regulation.”
Tommy Sheridan, deputy director, National Head Start Association
Brook Allen, in Martin, Tenn., has taught kindergarten for 11 years. This year, for the first time, she said, several students could barely speak, several were not toilet trained, and several did not have the fine motor skills to hold a pencil.
Children don’t engage in imaginative play or seek out other children the way they used to, said Michaela Frederick, a pre-K teacher for students with learning delays in Sharon, Tenn. She’s had to replace small building materials in her classroom with big soft blocks because students’ fine motor skills weren’t developed enough to manipulate them.
Perhaps the biggest difference Lissa O’Rourke has noticed among her preschoolers in St. Augustine, Fla., has been their inability to regulate their emotions: “It was knocking over chairs, it was throwing things, it was hitting their peers, hitting their teachers.”
Data from schools underscores what early childhood professionals have noticed.
Children who just finished second grade, who were as young as 3 or 4 when the pandemic began, remain behind children the same age prepandemic, particularly in math, according to the new Curriculum Associates data. Of particular concern, the students who are the furthest behind are making the least progress catching up.
The youngest students’ performance is “in stark contrast” to older elementary school children, who have caught up much more, the researchers said. The new analysis examined testing data from about four million children, with cohorts before and after the pandemic.
Data from Cincinnati Public Schools is another example: Just 28 percent of kindergarten students began this school year prepared, down from 36 percent before the pandemic, according to research from Cincinnati Children’s Hospital.
How did this happen?
“They don’t have the muscle strength because everything they are doing at home is screen time. They are just swiping.”
Sarrah Hovis, preschool teacher, Roseville, Mich.
“I have more kids in kindergarten who have never been in school.”
Terrance Anfield, kindergarten teacher, Indianapolis
One explanation for young children’s struggles, childhood development experts say, is parental stress during the pandemic.
A baby who is exposed to more stress will show more activation on brain imaging scans in “the parts of that baby’s brain that focus on fear and focus on aggression,” said Rahil D. Briggs, a child psychologist with Zero to Three, a nonprofit that focuses on early childhood. That leaves less energy for parts of the brain focused on language, exploration and learning, she said.
During lockdowns, children also spent less time overhearing adult interactions that exposed them to new language, like at the grocery store or the library. And they spent less time playing with other children.
Kelsey Schnur, 32, of Sharpsville, Pa., pulled her daughter, Finley, from child care during the pandemic. Finley, then a toddler, colored, did puzzles and read books at home.
But when she finally enrolled in preschool, she struggled to adjust, her mother said. She was diagnosed with separation anxiety and selective mutism.
“It was very eye-opening to see,” said Ms. Schnur, who works in early childhood education. “They can have all of the education experiences and knowledge, but that socialization is so key.”
Preschool attendance can significantly boost kindergarten preparedness, research has found. But in many states, preschool attendance is still below prepandemic levels. Survey data suggests low-income families have not returned at the same rate as higher-income families.
“I have never had such a small class,” said Analilia Sanchez, who had nine children in her preschool class in El Paso this year. She typically has at least 16. “I think they got used to having them at home — that fear of being around the other kids, the germs.”
Time on screens also spiked during the pandemic — as parents juggled work and children cooped up at home — and screen time stayed up after lockdowns ended. Many teachers and early childhood experts believe this affected children’s attention spans and fine motor skills. Long periods of screen time have been associated with developmental delays.
Heidi Tringali, a pediatric occupational therapist in Charlotte, N.C., said she and her colleagues are seeing many more families contact them with children who don’t fit into typical diagnoses.
She is seeing “visual problems, core strength, social skills, attention — all the deficits,” she said. “We really see the difference in them not being out playing.”
Can children catch up?
“I’m actually happy with the majority of their growth.”
Michael LoMedico, second-grade teacher, Yonkers, N.Y.
“They just crave consistency that they didn’t get.”
Emily Sampley, substitute teacher, Sioux Falls, S.D.
It’s too early to know whether young children will experience long-term effects from the pandemic, but researchers say there are reasons to be optimistic.
“It is absolutely possible to catch up, if we catch things early,” said Dr. Dani Dumitriu, a pediatrician and neuroscientist at Columbia and chair of the study on pandemic newborns. “There is nothing deterministic about a brain at six months.”
There may also have been benefits to being young in the pandemic, she and others said, like increased resiliency and more time with family.
Some places have invested in programs to support young children, like a Tennessee district that is doubling the number of teaching assistants in kindergarten classrooms next school year and adding a preschool class for students needing extra support.
Oregon used some federal pandemic aid money to start a program to help prepare children and parents for kindergarten the summer before.
For many students, simply being in school is the first step.
Sarrah Hovis, a preschool teacher in Roseville, Mich., has seen plenty of the pandemic’s impact in her classroom. Some children can’t open a bag of chips, because they lack finger strength. More of her students are missing many days of school, a national problem since the pandemic.
But she has also seen great progress. By the end of this year, some of her students were counting to 100, and even adding and subtracting.
“If the kids come to school,” she said, “they do learn.”
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