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- calendar_today October 20, 2026
Supreme Court to Examine Race in Middle School Admissions
The Supreme Court announced on Monday it will hear a case concerning the use of race in admissions policies for middle schools, three years after it ruled against affirmative action in college admissions. The case centers on four selective magnet schools in Montgomery County, Maryland, a diverse suburb outside Washington, D.C.
Background of the Discrimination Lawsuit
The lawsuit was initiated by a group of parents who claim the district's race-neutral admissions policy is intended to increase numbers of Black and Latino students while disadvantaging Asian American students. The group, known as the Association for Education Fairness, contends that the policy unfairly affects Asian American children despite appearing neutral on the surface.
Policy Changes and Admissions Criteria
The origins of the dispute date back a decade, when Montgomery County Public Schools hired a consulting group to review their selection process for middle school magnet programs. Based on recommendations, the district adjusted its admission criteria to factor in the poverty level of feeder schools. After these changes, the proportion of Asian American students, who tend to attend more affluent and higher performing elementary schools, dropped in the magnet schools.
Following the lawsuit's filing in 2020, the district made further changes by eliminating an extra in-person exam. Now, students qualify for the admissions lottery based on standardized test scores. However, those attending more affluent schools—where Asian American students are concentrated—must achieve higher results to enter the lottery.
Lower Court Decisions and the Supreme Court's Role
The case was previously dismissed by lower courts, including the Fourth Circuit Court of Appeals, which ruled that Asian American students were not underrepresented in the magnet schools relative to the pool of applicants. The appellate court referenced a similar case involving magnet high school admissions in Virginia, deciding that the plaintiffs did not show Asian American students had been harmed, because their admission rates exceeded overall applicant rates.
The Supreme Court will now decide whether evidence beyond basic representation among applicants and admitted students can substantiate a claim of intentional discrimination under a race-neutral policy. The outcome could potentially revive the Montgomery County parents' lawsuit, depending on the Court's interpretation of the required evidence threshold.
Arguments from Both Sides
Attorneys for the parent group argue that merely comparing group representation in admitted and applicant pools is insufficient to rule out discriminatory intent. In their appeal, they wrote, "Under the applicant pool benchmark, the government can set specific racial targets, hit them, and avoid even an inquiry into discriminatory intent," emphasizing that a deeper investigation should be considered even when a policy appears not to reference race directly.
The school district, for its part, maintains that its revised admissions process, known as the Pandemic Plan, is entirely race-neutral. In a brief to the Supreme Court, lawyers for Montgomery County stated, "The Pandemic Plan is a colorblind lottery. Nothing about the Pandemic Plan, its history, or its purpose is offensive to the Constitution."
Next Steps in the Supreme Court Case
The Supreme Court is expected to hear oral arguments in the coming months. The decision will address whether groups allegedly targeted by race-neutral policies must demonstrate disproportionate harm to prove discrimination. The outcome could have wider implications for how schools across the country consider factors such as race, standardized tests, and poverty in selective admissions.
Source: abcnews.com.
