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In late February 2021, we covered a lawsuit filed by a group of Boston, Massachusetts, parents objecting to changes to admissions criteria for an elite public school, Boston Parents Sue Alleging Discrimination Against Asians and Whites In Change of Prestigious Public School Admissions:
Boston Parent Coalition for Academic Excellence (BPCAE) has sued over changes in how students are admitted to a small number of prestigious public schools.
Previously, admission was based on test scores, but Boston, claiming the results were racially unequal, decided to factor in zip codes as to admission. The result would be to exclude many asian-american and white students who otherwise would have gained admission. The parents group alleges the use of zip codes was a subterfuge for illegal use of race and ethnicity.
The Complaint asserted that zip codes were being used as a proxy for race and ethnicity. Here is the Introduction:
“Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people, and therefore are contrary to our traditions and hence constitutionally suspect.” Fisher v. University of Texas at Austin, 570 U.S. 297, 309 (2013) (citations and quotations omitted). In contravention of this fundamental principle of American values – and constitutional law – the Defendants have imposed upon the school children of Boston a racial and ethnic classification system for entry into its most prestigious public schools: the Boston Latin School, the Boston Latin Academy, and the John D. O’Bryant School of Mathematics and Science, known collectively as the Boston Exam Schools.
Defendants achieved this by subordinating the longstanding merit-based citywide competition to a newly-created, and wholly-irrational quota system based on zip codes, which have never been a unit of educational qualification, and which are being purposefully used here as a proxy for race and ethnicity (the “Zip Code Quota Plan”). By depriving some school children of educational opportunity based on their race or ethnicity, Defendants do great harm, not only to the children they seek to exclude but also to the Boston Exam Schools, which they would use as the instruments of their discrimination, to the City of Boston, and to this country’s cherished principle of equal protection.
It is to vindicate these important interests – and to safeguard the educational opportunities that Defendants would impair – that the Boston Parents bring their Complaint before this Court.
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