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Lawsuit Seeks To Obliterate Admissions Processes At NYC Public Schools
By
David Cruz
Published Mar 10, 2021
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By
David Cruz
Published Mar 10, 2021
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A group of civil rights lawyers and NYC public school students are suing the city and state over the DOE's admissions process, which they say has resulted in an inequitable education for Black and brown students, starting as early as kindergarten.
The lawsuit filed in State Supreme Court Tuesday by IntegrateNYC, a group devoted to ending school segregation, names Mayor Bill de Blasio, Governor Andrew Cuomo, and incoming Schools Chancellor Meisha Porter in the suit, alleging the long-standing admissions process, which includes the Gifted and Talented program test, screens for some middle and high schools, and the Specialized High Schools Admissions Test, violates the State Constitution.
Mark Rosenbaum, an attorney with Public Counsel Opportunity Under Law, a pro bono law firm representing the plaintiffs, said in a statement that the city and state's current admissions structures are racist, arguing that they deny "children of color a fair opportunity to receive even a ‘sound basic education’ that they may achieve their dreams, better their circumstances, and become full participants in our political and civic institutions.” Ben Crump, a prominent lawyer who has represented the families of George Floyd and Breonna Taylor, is also representing the plaintiffs.
If the lawsuit is successful, the DOE could be compelled to scrap or completely redesign its admissions processes for its selective schools and G&T programs. Rosenbaum told the NY Times, "This is the first case in the nation to seek a constitutional right to an anti-racist education."
In its 81-page brief, attorneys argue the admissions processes involves competitive tests that often require extra resources to get ready, such as test preparation courses. While wealthier families can afford these expensive prep classes, low-income parents cannot, creating an uneven playing field. With more well-resourced families able to get their children ready for high-stakes testing and admissions, students have a leg-up for entry into a competitive school and are ultimately grouped together, contributing to segregation, according to the filing.
“Rather than level the playing field for students from different backgrounds, the City maintains, and the State sanctions, an elaborate system of racialized tracking that denies educational opportunity to large swaths of City students of color and harms all students by insulating them from the diverse perspectives of their peers," said Amanda Savage, staff attorney with Public Counsel Opportunity Under Law.
Attorneys also argue that a segregated school system has subjected minority students to "racial animosity and rank racial insensitivity that their schools neither prevent nor redress," citing instances where teachers directed Black students to "write the pros and cons of slavery on the board," "research the origins of the n-word while assigning white students other research topics," and "say the n-word aloud in class."
IntegrateNYC cited statistics from the 2018-2019 school year that show NYC public schools continue to be highly segregated, with nearly 75% of Black and Latino students attending schools with a white student population of 10%, while more than a third of white students attended public schools with more white students, even as the school system is majority Black and brown.
During his tenure, de Blasio has attempted to undo the admissions process, coming close this year by temporarily suspending screening admissions for middle schools, citing the pandemic. The G&T admissions format was also upended this year after the Panel for Educational Policy voted down a contract to the G&T test provider. Teacher interviews and a lottery program have been instituted this year instead. The Specialized High School Admissions Test [SHSAT], which is under the purview of the state, remains intact. De Blasio had attempted to do away with the standardized test for the city's nine specialized high schools, lobbying the State Legislature in 2018, but was unsuccessful.
Porter, who succeeds Richard Carranza—an opponent of the current admissions process—has also voiced opposition to admissions standards. She takes office next week, and has yet to release her own integration plan.
The New York City Department of Education did not return a request for comment. Danielle Fillson, a spokesperson for the DOE, told the NY Times that steps have been take to mitigate school segregation in the public school system.
“This administration has taken bold, unprecedented steps to advance equity in our admissions policies,” she said in a statement. “Our persistent work to drive equity for New York City families is ongoing, and we will review the suit.”
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admissions
new york
schools
mayor bill de blasio
David Cruz
David is a former WNYC and Gothamist editor.
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