Even if the SHSAT was an educational necessity, it would still violate disparate impact regulations if there was an alternative available that achieved the same objective with a less discriminatory impact. The NAACP LDF found that a multi-measured approach to admissions based on quantitative and qualitative portions of an application would be equal to or more effective than the SHSAT and would have a smaller discriminatory impact. While middle school grades could be a major component of an application, “teacher recommendations, proven leadership skills, a commitment to community service,” and demographic profiles could be used to assess a candidate’s academic and individual capabilities. To supplement a multi-measured approach, the NAACP LDF advocated for changes to the Discovery Program or adoption of a system which reserved seats for top students from middle schools around the City.

http://cardozolawreview.com/constitutional-diversity-in-new-yorks-specialized-high-schools-the-shsat-the-discovery-program-and-the-fourteenth-amendment/