TJ Admissions Policy Challenge Halted By Supreme Court

FAIRFAX COUNTY, VA — The U.S. Supreme Court has decided not to review a challenge to the admissions policy at Thomas Jefferson High School for Science and Technology, effectively allowing the policy to stay.

The Coalition for TJ had challenged TJ's new admissions policy, which the Fairfax County School Board adopted in December 2020, on a claim of discrimination against Asian American students. Asian American students represent the majority of admitted students to TJ, but the School Board's decision to replace an admissions test and the $100 application fee with a holistic review sought to improve access to historically underrepresented students. The coalition believes the policy discriminates against Asian American students who could be admitted on merit if not for the effort to increase underrepresented groups.

The coalition found support in its lawsuit from U.S. District Judge Claude Hilton, whose summary judgement claimed Asian American students are "disproportionately harmed" by the new admissions policy at the school. But after the Fairfax County School Board appealed the federal judge's decision, an appeals court's ruling reversed Hilton's summary judgement. The admissions policy has been able to remain in place during the lawsuit.

On Tuesday, the Supreme Court decided to not hear the TJ admissions policy case, the Associated Press reported. Justice Samuel Alito and Justice Clarence Thomas dissented.

The decision drew support from Fairfax County Public Schools officials.

"We have long believed that the new admissions process is both constitutional and in the best interest of all of our students," said Karl Frisch, the Fairfax County School Board chair and Providence District representative. "It guarantees that all qualified students from all neighborhoods in Fairfax County have a fair shot at attending this exceptional high school."

The Pacific Legal Foundation, which represented the Coalition for TJ, said in response to the decision that Supreme Court chose not to end "race-based discrimination" in K-12.

"Discrimination against students based on their race is not only ethically wrong but also a clear violation of the Constitution’s guarantee of equal protection," said Pacific Legal Foundation senior attorney Joshua Thompson in a statement. "Schools should evaluate students as individuals, not as groups based on racial identity."

FCPS said in a statement the new admissions policy changed a trend of students being admitted from only a few of Fairfax County's middle schools. Under the new policy, every Fairfax County middle school had representation in admitted seats. Along with the elimination of the admissions test and application fee, the policy increased the minimum GPA and class size.

The latest freshman class that started in the 2023-2024 school year includes 61.6 percent Asian American students, 19 percent white students, 6.7 percent Black students and 6 percent Hispanic students. Economically disadvantaged students represent 11.64 percent of the class.