Philadelphia, PA – Today, a group of civil rights organizations filed an amicus (friend of the court) brief in the U.S. Court of Appeals for the Third Circuit in Sargent v. School District of Philadelphia. The brief defends the legality of changes to the admissions policies of Philadelphia’s criteria-based high schools that were designed to remedy unfair aspects of the process that disadvantaged many students of color. The groups filing today’s brief include the Legal Defense Fund (LDF), Advancing Justice – AAJC, the American Civil Liberties Union (ACLU), LatinoJustice PRLDEF, National Women’s Law Center, Asian American Legal Defense and Education Fund (“AALDEF”), Advocates for Trans Equality Education Fund (A4TE), Equal Justice Society, and American Civil Liberties Union of Pennsylvania (ACLU-PA).
The schools’ prior admissions process relied heavily on the discretion of principals. This resulted in denying admission to more than a fourth of the Black and Latino students who satisfied the minimum standardized test score requirement, while at the same time, students of other races who did not meet test criteria were admitted. In response to an independent study highlighting this differential treatment, the school district adopted race-neutral reforms to make the admissions process fairer. Those reforms were challenged by parents who claimed the fairer process discriminated against white and Asian American students.
The groups filing the brief urge the Third Circuit to affirm the lower court decision that upheld the admissions changes as lawful. The brief argues that the school district’s awareness of racial disparities and efforts to fix a policy that denied students an equal opportunity to compete for admission are fully consistent with, and indeed help advance, the principle of equal protection under law guaranteed by the Fourteenth Amendment.
The brief also draws attention to Philadelphia’s deep history of school segregation and discrimination against Black students, and highlights that, as a recipient of federal funds, the School District is obligated to comply with anti-discrimination laws, including Title VI of the Civil Rights Act of 1964 and related regulations, which forbid policies that have an unjustified disparate impact based on race.
“When a school district’s policies and practices are excluding capable, highly qualified students, it is critically important—and lawful—that they adopt fairer admissions practices,” said Allison Scharfstein, Education Fellow at LDF. “The School District of Philadelphia’s attempt to reform their policies, improve access to education, and take steps to remedy discrimination against students of color should be lauded and upheld, not threatened and undermined by the courts.”
“Access to educational opportunities and diverse learning environments enriches all students. Too many of Philadelphia’s hardworking students have been denied this access over the years due to subjective selection criteria that is prone to bias,” said Shalaka Phadnis, Litigation Staff Attorney at Advancing Justice – AAJC. “The School District of Philadelphia’s initial steps to reform and improve pathways for qualified but chronically underrepresented students to its magnet schools must be upheld by the court.”
“In Philadelphia and across the country, public school students are educated in classrooms that are often isolated along racial lines, even while the country grows more diverse. The Supreme Court has reaffirmed that school boards may pursue and ‘adopt general policies to encourage a diverse student body, one aspect of which is its racial composition,’” said Amanda Meyer, Senior Staff Attorney in the ACLU’s Racial Justice Program. “The School District of Philadelphia sought to address its own arbitrary barriers to admission to its criteria-based schools, which was an important step in opening up educational opportunities for many underrepresented students. All students deserve equitable access to education.”
“The school district should be applauded for standing up and addressing Philadelphia’s long history of school segregation and existing inequities in educational opportunities,” said Francisca Fajana, Director of Racial Justice Strategy, LatinoJustice PRLDEF. “We will continue to work to ensure equitable admission practices that remove barriers for Latino, Black, Asian American and other disadvantaged students so they can have a fair shot at a good education.”
You can read the full brief here.
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About LDF
Founded in 1940, the Legal Defense Fund (LDF) is the nation’s first civil rights law organization. LDF’s Equal Protection Initiative seeks to defend and advance the proper interpretation of the Equal Protection Clause and anti-discrimination law so that we can all continue to advance equal opportunity for all. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957—although LDF was originally founded by the NAACP and shares its commitment to equal rights.
About AAJC
Advancing Justice – AAJC has a mission to advance the civil and human rights of Asian Americans and to build and promote a fair and equitable society for all.
About the ACLU
For more than 100 years, the American Civil Liberties Union (ACLU) has worked in courts, legislatures, and communities to protect the constitutional rights of all people. With a nationwide network of offices and millions of members and supporters, the ACLU takes on the toughest civil liberties fights in pursuit of liberty and justice for all. For more information on the ACLU, visit www.aclu.org.
About LatinoJustice PRLDEF
LatinoJustice PRLDEF works to create a more just society by using and challenging the rule of law to secure transformative, equitable and accessible justice, by empowering our community and by fostering leadership through advocacy and education. For over 50 years, LatinoJustice PRLDEF has acted as an advocate against injustices throughout the country. To learn more about LatinoJustice, visit www.LatinoJustice.org.
