Under The Law: Recent developments in the quest for racial diversity in K-12 schools

In June 2023, the Supreme Court held that the admissions systems at the University of North Carolina (UNC) and Harvard University were racially discriminatory, effectively ending affirmative action. Are race-neutral admissions policies at selective K-12 schools next? Bob Kim considers two circuit court cases — Coalition for TJ v. Fairfax County School Board and Boston Parent Coalition for Academic Excellence v. City of Boston — in which plaintiffs alleged that schools’ race-neutral admissions policies were discriminatory against Asian American students. In both cases, courts found that the cases were not discriminatory. Although how the Supreme Court might rule if it hears these cases is unclear, the bar for finding policies discriminatory is high, requiring not only a desire to increase diversity but also an intent to harm a particular racial group.