Appellee appears to recognize that controlling precedent foreclosed a finding of discriminatory intent, but nevertheless invited the district court to misapply the law in furtherance of its attempt to change the law to prevent schools across the country from removing known barriers to opportunity and adopting race-neutral, research-based reforms to promote equality.
Using past results as a baseline is not only improper, it is woefully misleading. As the district court in Boston Parent correctly noted, when a racial group has been significantly overrepresented in the prior system, “nearly any changes to the admissions process will likely result in some reduction, if only from the law of averages.”
Previously, the NYC Independent Budget Office (NYC IBO) noted that the NYC SHSAT Exam costs the city at least $8M per year in direct costs. This does not include proctors and other indirect yearly costs.
Now, the independent department goes further to explain how the Specialized high schools are given an advantage over other public schools in a new recommendation.
Every year, the New York City Department of Education allocates additional funding to 13 public high schools with “supplementary instruction and assessments, including higher course/credit loads and AP courses.”
The 10 percent rule was enacted in response to a 1996 federal appeals court decision, which struck down an affirmative action program at UT-Austin’s law school. But it quickly took on a political life of its own. As a candidate for president, and later as president, Bush touted the 10 percent plan as a conservative alternative to affirmative action programs that explicitly took account of race when deciding who to admit.
The idea behind the plan was that it would open the doors of Texas’s best public universities to students at predominantly Black or Latino high schools, many of whom historically were unlikely to attend places like UT-Austin.…
Integration researchers and advocates like us have been recommending for years that all students in all classrooms deserve access to opportunities to challenge and stimulate their learning and creativity. Rather than telling kids that they’re in G&T or they’re out, the city should implement a gifted-for-all approach, shifting to a system focused on differentiation within mixed-ability classrooms, equipping teachers to provide high-quality instruction that includes project-based learning and challenge, and ensuring that there are entry points for all students.
In fall 2020, when an admission test was used, just 4 percent of offers went to Black pre-K students, according to data from the Department of Education. That percentage rose to 11 percent when a universal screen was used in fall 2021. Seven percent of offers went to Hispanic students in 2020, compared with 13 percent in 2021.
These days, however, many Asian parents are unfortunately wasting hundreds, if not thousands, of dollars on expensive tutoring and preparatory classes. This industry’s sole purpose is to train children to ace standardized admissions tests, which bar the entrance to many magnet high schools and colleges across the country. “Enroll your child, and we’ll virtually guarantee they get into the top schools!” This, of course, is a lie. For example, TJ only has a few hundred openings each year, despite the thousands of kids who apply.
separate is inherently unfree. As this Article uniquely clarifies, segregation deprives schoolchildren of freedom to become equal citizens and freedom to learn in democratic, integrated, and transformative settings. We must name and reclaim these positive, social, emancipatory freedoms—envisioned by the framers of state constitution education clauses, developed by early progressives, reflected in the case law, and applied in “freedom schools” and by Southern Black teachers during the civil rights era.
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.
Although I am about to enter my senior year and doing well at Brooklyn Tech, I don’t think my eligibility for getting into any school should be based on one test. In fact, I excel in community leadership and have started my own organization to raise awareness about racism and hate crimes. I get good grades and am an excellent writer, which is how I got accepted to write for YouthComm Magazine. As New York City Schools Chancellor Meisha Porter said during a recent interview with students: “I think there are students who are so gifted and talented in so many different ways.”
“The system reproduced by the New York City public schools is fundamentally one of caste: an artificial, graded ‘ranking of human value that sets the presumed supremacy of one group against the presumed inferiority of other groups on the basis of,’ in the United States, race,” the suit says.
This system, the complaint says, is accomplished by effectively setting groups apart at an early age and perpetuating those divisions.
“Consequently, the demographics of the City’s G&T programs reflect disparate familial resources, enrolling predominantly white and certain Asian students,” the suit says.