Families File Lawsuit After TJ Admissions Test Eliminated

FAIRFAX COUNTY, VA — On Wednesday, 17 families and students filed a lawsuit in circuit against the Fairfax County School Board and Superintendent Scott Brabrand in relation to the elimination of the admissions test at Thomas Jefferson High School for Science and Technology.

The Coalition for TJ, a group of parents, students, alumni, staff, and community members of the admissions-based Fairfax County magnet school, announced the lawsuit in a news conference outside the Fairfax County Courthouse on Thursday. Glenn Miller, a parent of a TJ student, said the lawsuit is in response to Oct. 6 action by the Fairfax County School Board to eliminate the admissions test for incoming ninth graders.

The high school has often been named the top high school in Virginia and among the top in the nation in U.S. News and World Report's annual list, but there have been concerns about access to underserved students. Earlier in 2020, TJ admitted 486 students of 2,539 applicants for the class of 2024. The breakdown of admitted students by demographic group included 355 Asian students, 86 white students, 29 multiracial or "other" students, and 16 Hispanic students. The number of Black students admitted was identified as "too small for reporting," representing 10 or less students. That same "too small for reporting" number for Black students was reflected in the previous year's admission.

In September, Superintendent Scott Brabrand proposed admission changes to improve the school's diversity and access to underserved students. On Oct. 6, the school board agreed to eliminate the admissions test and the $100 application fee. Brabrand had also proposed a merit lottery to replace the test, raising the core class GPA from 3.0 to 3.5, and developing lottery pathways based on geographic location, but the school board did not act on those on Oct. 6. A school board session to discuss additional changes is set for Nov. 17.

The lawsuit seeks to reserve the decision to eliminate use of standardized tests as part of admissions and obtain preliminary and permanent injunctions requiring the school board and superintendent to reinstate testing. The plaintiffs in the lawsuit against the school board and superintendent are middle schoolers who are classified as gifted students, and their parents. All of the students intend to apply for admission to TJ.

"This lawsuit has been filed in an attempt to bring back fairness and correctness to this process to go to the school that is our number one high school in America," said Asra Nomani, a co-founder of the Coalition for TJ. "These are special students. these are students who like all students everywhere have dreams, hopes and goals. What Fairfax County Board and what Scott Brabrand, the superintendent, have done is stepped in the way of their dreams."

The lawsuit claims the school board and superintendent acted beyond their authority and that Virginia law contains specific requirements that must be followed to admit students to TJ. Miller said counties have to follow specific rules for governor's schools like TJ in order to receive special state funds. Miller said one of the requirements is a limit to gifted students.

"If you are designated gifted in a specific academic area including science and math, the requirement is that you shall be administered and determined by a nationally normed standardized test," said Miller.

Lucy Caldwell, a FCPS spokesperson, could not provide an immediate comment on the lawsuit.

"We have not received a copy of a lawsuit in our office yet so we cannot comment as to anything it might state," said Caldwell in an emailed statement. "We can say, however, that throughout the process of reviewing any potential admission changes to TJ admissions, the school division has broadly included a wide variety of voices, thoughts, and suggestions from stakeholders on how to make race-neutral improvements to the admissions process."

On Oct. 22, the school board approved a motion seeking a plan to address systemic issues that impact diversity at TJ. Among these actions are strengthening equity of access to advanced academic curriculum and strategies for all students regardless of Advanced Academic Programs (AAP) level of service, developing a communications plan to help families understand the benefits of AAP participation, and investing in family engagement to facilitate participation of underrepresented students in AAP. The school board also seeks analyses of math and science curriculum offerings as well as extracurricular STEM opportunities in all elementary and middle schools. An updated plan covering these actions will be presented to the school board on Nov. 17.

In recent years, changes to the TJ admissions policy aimed at improving diversity did not have a significant impact on demographics of applicants or admitted students. Since 2011, FCPS has hired an outreach specialist to recruit minority students from middle schools across the county and revised the student information sheet, implemented a problem-solving essay, and new tests.