Appeals court grants stay in TJ case

Fairfax County Public Schools can continue to use the current admissions process for Thomas Jefferson High School for Science and Technology for the time being.

The U.S. Court of Appeals for the Fourth Circuit on March 31 granted a stay pending an appeal requested by the Fairfax County School Board. That means FCPS can continue to use the current updated admissions system for TJHSST for students who have already applied for the Class of 2026.

That decision overturns a ruling by Judge Claude Hilton of the U.S. District Court that denied the school board’s request for a stay.

Related story: Judge denies motion for stay in TJ case

A ruling by Hilton in February found the admissions system adopted by the school board in 2020 amounts to impermissible “racial balancing” and thus discriminates against Asian students. The suit against the admissions system was filed by the Coalition for TJ. The school board is appealing that decision.

A three-judge panel with the Fourth Circuit Appeals Court agreed with the school’s contention that scrapping the new admissions system now would be disruptive. About 2,500 students have applied for TJHSST for the 2022-23 school year.

Related story: TJ admissions process discriminates against Asians, judge rules

The appeals court ruling agrees with the school board’s contention that the new admissions policy is not discriminatory.

“The race-neutral policy challenged here includes no racial quotas or targets,” Judge Toby Heytens wrote. The Coalition for TJ appears to have identified no evidence that TJ’s current race-neutral policy is intended to achieve a certain percentage of Black, Hispanic, or Asian American students.”

Related story: Fairfax County school board adopts holistic admissions policy for Thomas Jefferson High School