Coalition for TJ v. Fairfax County School Board
1:21-cv-00296
E.D. Va.Feb 25, 2022Background
- Plaintiff Coalition for TJ (parents and supporters) sued Fairfax County School Board after the Board overhauled 2020 TJ admissions: eliminated standardized tests, raised GPA/honors course requirements, adopted holistic review with "Experience Factors," and guaranteed seats equal to 1.5% of each middle school's 8th-grade class.
- Pre-change admitted classes were heavily Asian-American (e.g., Class of 2024 ≈73%); after the change (Class of 2025) Asian-American admits fell to ~54% (299 offers vs. 355–367 in prior years).
- Board and FCPS officials (emails, meetings, white papers) discussed altering TJ's racial composition, cited George Floyd protests and a Virginia reporting deadline on diversity as prompting rapid action.
- The Coalition pursued summary judgment; the court found no material factual disputes and considered associational standing, discriminatory intent under Arlington Heights, and application of strict scrutiny.
- Court concluded the Board acted at least in part for a racial purpose, applied strict scrutiny, found no compelling interest or narrow tailoring (racial balancing and K–12 "diversity" rationale insufficient), and entered summary judgment for the Coalition, invalidating the policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Associational standing | Coalition members (parents/students) have standing; organization meets Hunt factors | Board challenged standing implicitly; primarily contested merits | Coalition has associational standing; Hunt factors satisfied |
| Discriminatory intent / strict scrutiny trigger | Board acted at least in part to change TJ's racial makeup; statements and sequence show racial purpose; policy had disparate impact on Asian-Americans | Policy is facially race-neutral, aimed at increasing access/diversity and complying with state reporting | Applying Arlington Heights, court found discriminatory intent; strict scrutiny applies |
| Compelling interest / narrow tailoring | Board pursued racial balancing (not compelling); alternatives existed and overhaul was not last resort | Board claimed interest in diversity and increasing access for underrepresented students and complying with state guidance | Racial balancing is not a compelling interest in K–12; even asserted interests were not narrowly tailored |
| Remedy | Injunctive relief / invalidation of policy | Defend and uphold new admissions system | Court granted summary judgment to Coalition and invalidated the admissions policy; Board's motion denied |
Key Cases Cited
- Village of Arlington Heights v. Metropolitan Hous. Dev. Corp., 429 U.S. 252 (1977) (framework for proving discriminatory intent using circumstantial and direct evidence)
- Miller v. Johnson, 515 U.S. 900 (1995) (strict scrutiny applies to facially neutral actions motivated by race)
- Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) (burden on government to prove narrow tailoring under strict scrutiny)
- Fisher v. University of Texas at Austin, 570 U.S. 297 (2013) (narrow tailoring and exacting review for race-conscious admissions; limits on acceptable justifications)
- Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551 U.S. 701 (2007) (rejects extending higher-education diversity rationale to K–12 racial assignments)
- Pers. Adm'r of Mass. v. Feeney, 442 U.S. 256 (1979) (disparate impact can support inference of discriminatory purpose when policy was pursued because of its adverse effects on a group)
- Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333 (1977) (associational standing test)
- N.C. State Conference of NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016) (applying Arlington Heights in voting/administrative contexts; disparate impact evidence supports intent inference)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (standards for summary judgment)
