Court revives suit alleging anti-Asian student bias in NYC school admissions
By Carl Samson
A federal appeals court has revived a lawsuit alleging that changes to New York City’s admissions process for selective public high schools discriminated against Asian American students. The decision comes amid broader scrutiny of admissions policies following a Supreme Court ruling that restricted race considerations in college admissions.
- About the case and its revival: The lawsuit, Christa McAuliffe Intermediate School PTO v. Bill de Blasio, claims that the city’s Discovery Program, designed to increase access for disadvantaged students to prestigious high schools like Stuyvesant and Bronx Science, disproportionately impacts Asian American applicants. In 2018, changes to the program required schools to reserve 20% of seats for students from disadvantaged middle schools, which critics argue led to the exclusion of many Asian American applicants. A federal district court initially ruled that there was no evidence of disparate impact, but the Second Circuit Court unanimously decided to reinstate the case on Tuesday. Judge Joseph F. Bianco emphasized, “If the government enacts a law or policy with a proven discriminatory motive against a certain race… a valid equal protection claim can be based on a showing that any individual has been negatively affected.” The court’s ruling allows the plaintiffs to pursue evidence of discriminatory intent during the discovery process.
- Why this matters: The implications of the case resonate amid ongoing debates about equitable admissions practices in schools across the U.S. Proponents of the changes argue that they are necessary to rectify systemic inequalities, with advocates noting that Asian American students had previously outperformed other racial groups in admissions. “The City’s modest attempt to make the admissions process fairer for low-income students of color should be celebrated, not challenged in court,” said Michaele Turnage Young, senior counsel at the Legal Defense Fund. Opponents, however, warn that the perception of a zero-sum game in admissions can entrench existing inequalities. Fran Fajana, director of Racial Justice Strategy at LatinoJustice PRLDEF, remarked that characterizing admissions as a zero-sum game perpetuates inequity. As the case moves forward, it highlights the tension between striving for inclusivity and addressing the concerns of various student demographics within the city’s competitive educational landscape.
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