The Fairfax County Courthouse will soon lend a helping hand to visitors intimidated by the prospect of navigating the legal system on their own.
The county’s new Self Help Resource Center will officially open at 4:30 p.m. on Oct. 5 with a kick-off event in the courthouse law library (4110 Chain Bridge Road, Room 115), the Fairfax Bar Association recently announced.
Supported by $96,000 in county funds, the center will offer free legal assistance and resources to anyone who has to deal with the court, particularly those who are representing themselves either by choice or because they’re unable to hire a lawyer.
“Access to justice for self-represented litigants is a significant issue facing the legal community today,” the Fairfax Bar Association said in a press release. “…Barriers faced by self-represented litigants include cultural and language barriers, procedural hurdles, and general difficulty navigating the court process and understanding legal terminology, from what forms to file, to where and when to appear, and what to say in court.”
The association says it began exploring the possibility of opening a self-help center after the Virginia Access to Justice Commission approved the creation of a pilot program on Dec. 9, 2021.
Created by the Virginia Supreme Court in 2013, the commission found in a 2019 report that the volume of cases where a litigant is representing themselves is high and may be increasing, reflecting general economic challenges and increased online media access.
Surveys of judges and clerks indicated that individuals representing themselves appear to often be low-income and have limited education, according to the report. Judges stated that people generally opted for that approach “because they cannot afford to hire an attorney and cannot obtain representation from legal aid.”
Among other ways to make the court system more transparent and accessible, such as the launch of a self-help website, the report recommended initiating self-help centers staffed by pro bono attorneys or qualified non-attorneys who can provide information about the legal process and court policies and procedures.
Fairfax County’s Self Help Center will be the first one to open in Virginia, according to the office of Franconia District Supervisor Rodney Lusk, who was a top advocate for the facility as chair of the Board of Supervisors’ public safety committee.
Here’s more on the new center from the bar association:
The Fairfax Bar Association in partnership with the Fairfax County Courts, Fairfax Law Library, Legal Services of Northern Virginia, Office of the Fairfax Public Defender, Office of the Fairfax Commonwealth’s Attorney, the Fairfax County Board of Supervisors, particularly the Office of Supervisor Rodney L. Lusk, the Fairfax County Sheriff’s Office, and law firms in Fairfax County collaborated in the creation of a self- help resource center located in the Law Library in the Fairfax County Courthouse Complex.
The Center will be open to the public and available for all individuals who are interacting with the judicial system as litigants, prospective litigants, witnesses, or who simply have business with the court. The Center will serve the large number of self-represented individuals, and would assist them in navigating the court process, providing legal information and forms to allow them to represent themselves in a meaningful way. The Center will serve as an alternative option for those who are unable to afford legal services and for whom pro bono help is not available. The types of assistance provided include the provision of legal information, referrals, forms, and resource materials on topics related to various court matters.
The Coalition for TJ is petitioning the U.S. Supreme Court to consider its lawsuit challenging the constitutionality of Thomas Jefferson High School for Science and Technology’s admissions policy, which was revised in 2020 with the goal of diversifying the student body.
In the petition filed Monday (Aug. 21), the advocacy group argues that the changes approved by the Fairfax County School Board discriminate against Asian students, who saw their share of the magnet school’s incoming classes drop from more than 70% to closer to 60% in the past few years.
The coalition indicated it would take the case to the country’s highest federal court after a Fourth Circuit Court of Appeals panel ruled 2-1 in the school board’s favor on May 23.
But the fight over TJ’s admissions has grown in significance following the Supreme Court’s June 29 decision to prohibit colleges from considering race in admissions decisions. Where that case tackled policies that explicitly take race into account, the Coalition for TJ contends that race-neutral policies designed to boost underrepresented groups can still violate other students’ equal protection rights.
“The Fourth Circuit’s ruling merits this Court’s review because it presents a question of national importance that the Court has yet to answer directly,” Pacific Legal Foundation attorneys representing the coalition wrote in their petition. “Coming as it does on the heels of last Term’s decision curtailing racial discrimination in higher education admissions, this is one of several ongoing challenges to competitive K-12 admissions criteria that seek to accomplish a racial objective ‘indirectly’ because it ‘cannot be done directly.'”
Spurred by student and alumni activism, the school board overhauled the TJ admissions process after Fairfax County Public Schools reported that fewer than 10 Black students had been accepted in both 2019 and 2020.
In addition to eliminating an application fee and rigorous standardized test, the new policy bumped up the GPA requirement to 3.5, granted eligibility to the top 1.5% of eighth graders at each middle school, introduced a “portrait sheet” where students discuss their skills and write a problem-solving essay, and allows consideration of students’ economic status or involvement in English as a Second Language and special education programs.
The changes were the latest attempt to bring more Black, Hispanic and low-income students to TJ, which is often ranked among the top high schools in the U.S. but has long faced scrutiny for admissions practices that critics argued catered to families who could afford to live in certain neighborhoods and pay for private tutoring and test-preparation services.
Since the revised policy took effect in 2021, FCPS has touted increased racial, geographic and economic diversity in each of the three admitted classes, which have all included students from every Fairfax County middle school — something that hadn’t happened in the prior decade.
FCPS has argued that the changes were race-blind and benefitted all groups, including lower-income Asian students. The appeals court judges who sided with the school board said the Coalition for TJ failed to prove that Asian students were “disparately” affected and “that the Board adopted its race-neutral policy with any discriminatory intent.”
FCPS didn’t return a request for comment by press time.
In a joint statement, a collection of civil rights and community advocacy groups — including the Virginia NAACP, TJ Alumni for Racial Justice, CASA Virginia, Hispanic Federation, Hamkae Center and Asian American Youth Leadership Empowerment and Development (AALEAD) — argued that the Coalition for TJ’s lawsuit would limit, rather than expand, equal access to education.
“In essence, the plaintiff seeks to cement pre-existing inequalities by prohibiting school districts from trying to remedy any unfairness in the admissions process that may change the racial makeup of accepted students,” the groups said.
“Every parent wants to know their child will not be disadvantaged in our public education system no matter their personal wealth or language abilities,” Hamkae Center Director Sookyung Oh said. “It is imperative that students from communities of color, including Asian Americans, will not be disadvantaged by an unfair admissions process and will have the same access…only previously afforded to those with the wealth and privilege to get their children into schools like TJ.”
This fall, Fairfax County will launch a guaranteed income pilot program, following in the footsteps of neighbors including Arlington County and Alexandria.
The upcoming Fairfax County Economic Mobility Pilot (FCEMP) will begin providing families with monthly payments totaling $2 million to “promote economic stability and social capital,” according to a press release.
The monthly payments of $750 will go to 180 eligible families chosen via application over the course of 15 months, with the funds being considered untaxable COVID-19 disaster relief that families have the freedom to choose how to spend.
The amount was determined by evaluating the cost of living in the county and the anticipated amount of time necessary to observe and assess the effects of guaranteed income on participants’ lives, a county spokesperson said.
Eligible families will also get access to optional financial coaching from United Way of the National Capital Area‘s Financial Empowerment Center, a partnership with Britepaths and the county, the county spokesperson continued.
“Like other basic income programs, the FCEMP promotes dignity and self-determination by enabling residents to take ownership of their own life and spending decisions,” the county website says.
Eligible applicants must be 18 years or older, have at least one child aged 16 or younger living in their household, and be employed with an income that falls between 150% and 250% of the 2023 Federal Poverty Level. They must also live in one of the following zip codes: 22306, 22309, 20190, 20191, 22041, 20170, 22003, 22150, 20120 or 20151.
The zip codes were chosen by overlaying current Opportunity Neighborhood boundaries and the zip codes they serve with the county’s Vulnerability Index, which analyzes a variety of factors such as race to determine vulnerable areas within the county, a county spokesperson said.
Through the pilot, the county says it hopes the regular payments will result in improved physical and mental health, improved educational outcomes for the children, increased economic stability, higher full-time employment rates, and increased housing and food security.
The pilot specifically aims to help certain households that “earn too much income to be eligible for assistance programs like TANF and SNAP but are struggling to make ends meet or are unable to take financial steps that would allow for economic mobility,” the county says.
As a result, households receiving public assistance benefits, such as Supplemental Security Income or Social Security Disability Income, will not be eligible. However, participants won’t lose their eligibility if they experience any changes in income or public assistance benefits during the pilot.
Supported by a partnership with Beam, a startup that helps administer cash assistance and social safety net programs, the application portal will go live on Sept. 23 and remain open until Oct. 3. Applications will be electronic only, and those selected will be notified via email or text.
The county has also partnered with George Mason University on a study of the pilot. Researchers will collect information from optional personal questions on the application “to understand the impact that unrestricted cash payments have on the economic and social well-being of working households,” the county says.
Participation in the study will not affect an applicant’s likelihood of receiving cash payments.
“Establishing a baseline understanding of families participating in the FCEMP is needed to inform a fully realized program over time,” the county says. “Thus, the FCEMP will measure the economic mobility gains and overall wellness of participants who choose to take part in the research component.”
The FCEMP is authorized by the Board of Supervisors and funded by the county’s general county and American Recovery Plan Act’s Coronavirus State and Local Fiscal Recovery Funds.
Photo via Sharon McCutcheon/Unsplash
The Town of Herndon is exploring ways to offer more translation and interpretation services for Spanish-speaking residents.
Town staff are considering two contracts of up to $10,000 for one year to hire an interpreter who will be present at all town council public hearings and a translator for translating town publications, like the newsletter, flyers and other materials specific to the Spanish-speaking community, according to town spokesperson Anne Curtis.
The idea was discussed at a Herndon Town Council meeting on Aug. 2 in response to the town’s public engagement on the issue and its communications platforms.
Curtis said the town will evaluate the effectiveness of the services and determine future funding in fiscal year 2025, which will start on July 1, 2024.
Feedback from focus groups, particularly those for whom Spanish is a primary language, found that translation and interpretation services are needed to make town information more accessible to others.
“This is the area that we want to and need to focus on,” Curtis said, noting that the town has already begun posting flyers in laundromats, clinics and other areas.
Councilmembers Keven LeBlanc and Pradip Dhakal said the town could also explore using artificial intelligence for translation services.
“There are other tools that are pretty good at translation,” LeBlanc said.
Dhakal said he was pleasantly surprised by how accurately a derivative of the popular AI-tool ChatGPT translated content in his language.
Curtis noted that Google Translate has stopped servicing governments — with the exception of schools.
The costs would likely be covered by contingency funds, according to town manager Bill Ashton II.
Ashton II said the town could learn from how larger jurisdictions like Fairfax County are using AI for translation services.
Most jurisdictions comparable in size to the Town of Herndon do not offer dedicated translation services, Ashton II said.
The Town of Vienna has no formal policy for translation and interpreter services. Falls Church City and the Town of Leesburg offers ad hoc translation services. The City of Manassas hired a full-time individual for translation and interpretation services in fiscal year 2022.
More than 70 employees in the town are fluent in a language other than English, and the Herndon Police Department has a language advance pay-step for sworn officers. Human resources staff are working on a language premium policy for non-sworn town staff.
The effort comes after the town completed a major redesign of its website earlier this summer.
The Fairfax County Park Authority wants feedback on a draft plan to make county parks more equitable and accessible.
County staff is collecting input on its Parks, Recreation, Open Space, and Access (PROSA) Strategy through an online survey and two virtual workshops scheduled this month. The second round of community engagement comes as the FCPA prepares to finalize the strategy later this year.
FCPA Director Jai Cole said the strategy will guide the park authority toward improved accessibility, park equity, and a “stronger balance of park experiences countywide.”
“The cutting-edge research which we’ve undertaken, coupled with the valuable insights we’ve received by way of community input, will be invaluable tools in our work to ensure equitable access to our park system,” Cole said.
According to the county, top priorities of the draft PROSA report include:
- Ensuring all community members have access to FCPA parks within a 10-minute walk
- Enhancing access to “complete park experiences”
- Enriching habitat connectivity between environmental corridors
- Analyzing and prioritizing recreation needs and projects with an equity lens, as required by the county’s One Fairfax policy
According to the report, approximately 52% of residents have access to a county park within a 10-minute walk from their home.
Emphasizing its vision of ensuring residents can get to a park without driving, the report states that barriers can include the presence of large roadways with limited pedestrian crossings, a lack of sidewalks, remote park entryways and natural features, such as a stream or forested area.
“Opportunities to remove barriers and improve park access range from adding a trailhead or a new park entrance where feasible, to partnering with an agency to add a crosswalk, or acquiring parkland,” the PROSA report says.
Enhancing accessibility is also about improving the access visitors have to active, “passive,” social and natural or cultural recreation, according to the report, which proposes that the park authority develop parks with limited activities, acquire parkland, and collaborate with other public agencies to achieve its goal.
The objective of enriching habitat connectivity is centered on preserving and enhancing the county’s current and future natural environment.
“Improving habitat connectivity is a critical strategy for addressing habitat loss and fragmentation, a top threat to biodiversity,” the report reads.
The FCPA will identify sites where habitat health could improve, plant trees to bolster area with lower tree canopy, and consider opportunities to improve habitat connectivity when acquiring parkland.
The report commits the park authority to considering “racial and social equity and population density when prioritizing park and recreation needs and projects in order to diminish racial and social inequities within our community.”
The first round of community engagement on the PROSA strategy wrapped up last fall. The virtual workshop for the second round of community engagement is scheduled for July 18 and July 25. Comments through the online survey will be accepted through Aug. 6.
Registration for the online survey and workshops is available on the PROSA webpage.
Black residents have experienced worse health outcomes than other populations across Northern Virginia, especially during the COVID-19 pandemic, a new report found.
Commissioned by the Northern Virginia Health Foundation (NVHF) and conducted by the Center on Society and Health at Virginia Commonwealth University, the Fairfax County section of the “Dying Too Soon” report found “stark” disparities across the county in the rates at which people die before the age of 75.
The report attributed the dramatic differences in life expectancies — from 76.5 years to 91.1 years — to an individual’s race, ethnicity and address, reflecting the influence of socioeconomic conditions on health outcomes.
According to the report, a lack of access to health care contributed to 66% of premature deaths in the county from 2015-2019 that were avoidable with preventative measures or treatment.
Throughout Northern Virginia, premature deaths are more concentrated within “islands of disadvantage,” where residents experience poor living conditions, higher mortality rates, and food and housing insecurity, the report says.
Residents of these neighborhoods are more likely to be people of color and immigrants, a disparity resulting from “the region’s history of segregation and systemic racism” and policies that “systematically block access” to health opportunities and increase exposure to unsafe health conditions, the report said.
Prior to the pandemic, Black people in Fairfax County had a premature death rate of 221.0 per 100,000 residents, exceeding the rates for white people (165.8 per 100,000), Hispanics (126.2 per 100,000) and Asians and Pacific Islanders (112.4 per 100,000).
Those disparities were consistent throughout the region, which “exhibits smaller racial-ethnic disparities” that other parts of the U.S., according to the report.
Though Fairfax County is often touted as one of the richest counties in the U.S., with a median income of $133,974, many of the wealthiest census tracts are located just a few blocks from islands of disadvantage.
In fact, the study says one census tract in Springfield has a premature death rate twice as high as that of a census tract in Franconia only two miles away. Each census tract also showed drastically different education and poverty rates and racial and ethnic compositions.
“I don’t think there’s a sense among the general public that these kinds of health inequities exist in a wealthy area like Northern Virginia, which in aggregate is doing quite well and has a very high quality of life,” Dr. Steven Woolf, lead study author and director emeritus of VCU’s Center on Society and Health, told FFXnow. “But when you zoom in like this to see what’s actually happening, neighborhood by neighborhood, you expose these these pockets of disadvantage that we want the public to know about.”
Census tracts with the highest premature death rates were in Seven Corners/Bailey’s Crossroads and Route 1 regions, according to the report’s summary. The study also reported that poverty rates in Seven Corners/Bailey’s Crossroads, Mount Vernon and Oakton “exceeded 20%, higher than poverty rates in countries like Estonia, Lithuania, Peru, Tajikistan, and Uganda.”
The Covid pandemic only worsened inequitable health outcomes, according to data collected in 2020-2021. The report says the county’s islands of disadvantage “experienced higher COVID-19 death rates,” and Northern Virginia as a whole saw “much higher” death rates among Hispanic and Black populations compared to Asian and white groups. Read More
The City of Falls Church has officially decided to reinvest in a 10-block commercial area that encompasses the largest Vietnamese shopping center on the East Coast.
On Monday, June 26, Falls Church City Council unanimously voted to approve the East End Small Area Plan, which proposes reinvestment into a series of commercial properties — including the historic Eden Center (6751-6799 Wilson Blvd) — between Wilson Blvd, East Broad Street and Hillwood Avenue.
The council’s vote comes after the planning commission endorsed the plan on June 7.
With the East End as the last of eight planning areas deemed “underutilized” and in need of reinvestment under the city’s Comprehensive Plan, the council’s vote serves as the long-awaited culmination of two years of dedicated community outreach and organizing.
After the plan was publicly launched in the fall of 2021, local Vietnamese organizers formed Viet Place Collective and worked extensively with the city to craft a plan that adequately represented the thriving Vietnamese community set to be the largest group affected by reinvestment initiatives.
The grassroots organization was lauded by council members for building an unprecedented model of community engagement in local public policymaking that the city hopes to continue.
VPC’s activism continued at Monday’s meeting, where they urged the council to rename the district currently known as the “East End” or Planning Opportunity 5 to “Little Saigon East” in future city planning.
Eden Senior Vice President and General Counsel Alan Frank objected that the name Little Saigon would take away from Eden’s unique, globally recognized branding and cause the shopping center to lose its name recognition in a country full of “Little Saigons.”
“You say that calling the area Little Saigon is not the same as renaming Eden Center, but we’re talking about the same piece of land, so I think that’s not really right,” Frank said. “If we’re going to market something, we need to market it under one name. We need to attract tenants there under one name, and it’s got to be Eden Center located in the city of Falls Church.”
In response, VPC Core Organizer Hoài Nam Nguyễn clarified that the Eden name would not be under threat of replacement.
The shopping center would keep its trademarked name but belong to a new jurisdiction titled Little Saigon that Fairfax County could promote and create signage for without crossing the line between public and private interests, Nguyễn says.
“We want to make sure that people understand that we’re advocating for a name of an area, so this is a greater neighborhood name, and the shopping centers in the area…have autonomy over their name,” Nguyễn said. “So, no one is believing that the Eden Center name will go away — it’s the opposite. We are believing that [the] Eden Center name will be promoted in conjunction with a Little Saigon name and vice versa. Little Saigon and Eden Center can be together and can work together.”
Nguyễn also acknowledged that the East End area is home to other cultures beyond the Vietnamese community but reaffirmed that the name Little Saigon is not meant to be “exclusive.”
“We feel like Little Saigon is a name that acknowledges the Vietnamese people…and Vietnamese businesses in the area but isn’t exclusive to only the Vietnamese,” Nguyễn said. “There’s plenty of other examples where you have a Little Saigon in other parts of the country where not all the businesses in there are Vietnamese either…So, our intent with the name is not to alienate other minorities or other cultures. It’s to pay tribute to and recognize Vietnamese culture, which is the most predominant one in the area.”
(Updated at 11:20 a.m.) A plan to redevelop 10 blocks of Falls Church, including the historic Eden Center, took a major step forward last week, even as existing community members fear getting pushed out.
The City of Falls Church Planning Commission voted Wednesday (June 7) to recommend that the Falls Church City Council adopt the latest draft of the East End Small Area Plan as a “guiding document” for future reinvestment in the area.
The last of eight Planning Opportunity Areas (POAs) that the city identified as in need of revitalization, the East End is dominated by commercial properties between Wilson Blvd, East Broad Street and Hillwood Avenue, just past the edge of Fairfax County’s limits. Most notable of the businesses to be affected is the Eden Center.
The largest Vietnamese shopping center on the East Coast with over 120 stores, Eden frequently attracts masses of visitors from across Northern Virginia — especially Fairfax County, where a large percentage of shop owners and regulars reside — and even across the country.
With many Vietnamese Americans and refugees depending upon Eden as a crucial source of community and connection to their roots, Eden has served as a meaningful cultural touchstone since its founding in 1984, the center’s website says.
“For my parents, who struggled to find home and belong in this country due to language barriers and cultural differences, Eden Center acted as an oasis where they could go to remember a home that they had to leave,” Khoi Duong, a self-described concerned community member, said during the commission meeting last Wednesday.
Local Vietnamese community members formed Viet Place Collective in early 2022 as a direct response to the reveal of the East End Small Area Plan in November 2021. In its current draft, the plan envisions the area as a mixed-use environment with housing, more concentrated retail on Wilson and Roosevelt Blvds, and more walkable streets, among other proposals.
According to its website, VPC “aims to uplift and uphold the legacy of Vietnamese culture community and identity in the D.C.-Maryland-Virginia area for the next generation.” A large majority of its members hail from Fairfax County.
Currently, the group is committed to preserving Eden against the threat of displacement and gentrification that its members believe the plan poses, serving as a key liaison between the largely Vietnamese-speaking shop owners, Eden’s corporate stakeholders and the local government.
Seeing a lack of Vietnamese representation in early discussions of the plan, the group aims to bridge language barriers and facilitate community outreach to represent the needs of the community that will be most affected by the plan — a collaboration that both organizers and city staff suggested could be replicated elsewhere in the region. Read More
Today (Thursday) marks a decade of community service, youth leadership, political activism and civic engagement in Virginia by the Hamkae Center.
Over the last 10 years, the local nonprofit has dedicated itself to achieving “social, racial, and economic justice” through Asian American mobilization and advocacy at both the state and local levels, per its website.
“We want to not only help meet the immediate needs of Asian Americans living in Virginia, but we also want to make lasting change,” Hamkae Center Director Sookyung Oh said. “…What we really want is for Asian Americans to be actively engaged in society, in this democracy. If we can create those on-ramps for folks to be able to do that and be a political home, then that’s what we’re striving for. ”
Though it works around the state, Hamkae Center is based in Fairfax County with offices in Annandale and Centreville. Its mission has expanded alongside the local Asian American community, which has grown from 17.6% of the county’s population in 2010 to over 20% — one-fifth of the population.
“Over the years, Hamkae Center has really become much more pan-Asian,” she said. “So if you look at our staff and board, we have folks who are Korean heritage like me…but also Filipino, Indian, Pakistani, Chinese, Vietnamese, Taiwanese. It’s really expanded so that we were becoming more of an Asian American group.”
A Virginia affiliate of the National Korean American Service & Education Consortium, the group was founded in 2012 as NAKASEC Virginia with the goal of organizing with undocumented Korean Americans, according to Oh.
It was among the organizations that advocated for undocumented immigrants who attended high school in the state to be eligible for in-state tuition rates and state financial aid for college.
“It’s our work with undocumented Asian Americans that we were able to push those changes through the state General Assembly in 2020 and in 2021,” Oh said.
Oh also expressed pride in Hamkae Center’s education-related activism, including its role in leading a “statewide, multi-racial, multi-faith” movement against proposed revisions to Virginia’s history education standards.
On a more hyperlocal level, the Hamkae Center functions as a community resource, offering assistance with citizenship and public health benefit applications. According to Oh, it recently launched an Asian American Small Business Counseling program to help Korean Americans in Northern Virginia navigate complex corporate procedures and language barriers as they kickstart their own businesses.
“To date, I think we’ve supported about four entrepreneurs in starting new businesses, and that’s pretty cool,” Oh said.
To reflect its evolving focus, the group rebranded in 2021 to “Hamkae,” the Korean word for “together.” Oh says the new name aims to “honor [their] Korean American roots” while making it clearer that the organization works with all Asian Americans, not just Korean Americans. Read More
(Updated at 4:20 p.m.) The current admissions process for Thomas Jefferson High School for Science and Technology (TJ) does not discriminate against Asian American students, the U.S. Court of Appeals for the Fourth Circuit has ruled.
A majority of the three-judge panel backed the Fairfax County School Board’s argument in support of admissions policy changes intended to increase diversity at the prestigious magnet school, reversing a lower court’s ruling that sided with the Coalition for TJ.
The advocacy group filed a lawsuit against the school board in March 2021, arguing that the changes adopted in 2020 were intended to reduce the number of Asian students at TJ in violation of the Constitution.
In an opinion published today (Tuesday), Circuit Judge Robert King says the Coalition failed to prove that the school board intended to discriminate against Asian students, who have, in fact, seen “greater success in securing admission to TJ under the policy than students from any other racial or ethnic group.”
“After thorough consideration of the record and the appellate contentions, we are satisfied that the challenged admissions policy does not disparately impact Asian American students and that the Coalition cannot establish that the Board adopted its race-neutral policy with any discriminatory intent,” King wrote.
Since taking effect with the Class of 2025, the admissions changes — which included dropping a required test and application fee and taking into account a student’s economic, special education or English-learner status — have resulted in offers going to a broader range of students in terms of race, geography and income.
The Class of 2025 was the first in a decade to accept students from all middle schools. It also saw an uptick in Black, Hispanic and economically disadvantaged students, Fairfax County Public Schools reported. Both that year and last year, Asian students still received a majority of offers.
“The court reached the correct decision, and we firmly believe this admission plan is fair and gives qualified applicants at every middle school a fair chance of a seat at TJ,” John Foster, the school board’s division counsel, said in a statement. “We look forward to offering seats to a new group of remarkable and incredibly well-qualified young scholars in the years to come.”
U.S. District Judge Claude Hilton had ruled in February 2022 that Asian students were “disproportionately harmed” by the admissions changes, which he said were implemented in a “remarkably rushed and shoddy” process.
Hilton ordered that FCPS stop using the new policy, but the appeals court agreed to let it stay in place while the lawsuit continued.
While King said that Hilton’s judgment “went fatally awry” in not addressing how racial and ethnic groups other than Asians fared under the new policy, Circuit Judge Allison Rushing argued a dissenting opinion that the changes were “passed with discriminatory intent and disproportionately impact a particular racial group,” even if they appear race-neutral on paper.
“The twelve-member Board plainly stated its intention to craft an admissions policy for TJ that would reform the racial composition of the student body to reflect the racial demographics of the district,” she wrote.
The Coalition for TJ says it wasn’t surprised by the ruling and intends to take the case to the U.S. Supreme Court.
“We are disappointed by today’s ruling, but we are not discouraged,” Pacific Legal Foundation attorney Erin Wilcox, who has been representing the coalition, siad. “Discrimination against students based on their race is wrong and violates the Constitution’s guarantee of equal protection. We look forward to asking the Supreme Court to end this illegal practice once and for all.”
The Supreme Court is already considering a case on affirmative action in college admissions. Some universities have started to review their practices, with the mostly conservative justices expected to defy precedent by declaring race-conscious admissions unlawful.
