FXCO school board appeals TJ ruling

The Fairfax County School Board filed an appeal challenging the ruling by U.S. District Court Judge Claude Hilton that would invalidate the race-neutral admissions process at Thomas Jefferson High School for Science and Technology (TJ).

The appeal was filed March 16 with the U.S. Court of Appeals for the Fourth Circuit. The school board also plans to ask the appeals court to stay the ruling to allow FCPS to complete the selection process for the incoming freshman class.

“Judge Hilton’s ruling is highly damaging,” the school board states. “Failing to challenge it would jeopardize race-neutral diversity efforts not just within Fairfax County Public Schools or at TJ, but also within public education more broadly.”

The school board believes Hilton’s decision does not reflect extensive federal case law that supports race-neutral admissions and is asking the federal appeals court to review the decision.

In response to a state directive issued in June 2020 requiring all “Governor’s Schools to submit an equity report by Oct. 1, 2020, the school board conducted a review of the TJ admissions process.

The new admissions process, adopted in December 2020, was developed to create greater access and opportunity for students throughout Fairfax County.

Related story: Judge denies motion for stay in TJ case

The intent was to design an admissions system that “removes systemic screening barriers” that have historically kept out talented students from diverse backgrounds, the school board states. “Equity of access ensures that all applicants with the potential and aptitude – regardless of circumstance or background – have the opportunity to attend this Governor’s School.”

Former U.S. Solicitor General Don Verrilli of Munger, Tolles & Olsen is filing the appeal pro bono. Verrilli was persuaded to take this case free of charge by two of the firm’s lawyers, Xiaonan April Hu and Mica Moore, both TJ alumni who have been following the case closely.