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Arlington, Virginia schools lose appeal to keep quotas on Nov. 2, 1999.  School board considering arguing for racial quotas before the U.S. Supreme Court.

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Case 9 - White Kindergartners Not Allowed in Arlington, VA!

Racial Preferences Cost!

Arlington School Board Defies Judge's Order Two Years in a Row!
Bill Lann Lee intervenes during appeal to support the school's use of racial quotas.

          In 1997 U.S. District Judge Albert Bryan ordered Arlington to stop using racial quotas in their school admissions.  Arlington "modified" its quota formula, but a year later, in April 1998, Judge Bryan was not amused:  he ordered Arlington once again to eliminate the use of race from its admissions policies.  In July 1998 Arlington appealed to the U.S. 4th Circuit Court of Appeals in Richmond, arguing in favor of racial quotas.  Tuesday, Nov. 2, 1999 the appellate court denied Arlington's request.  Now the school board is thinking about arguing for quotas before the U.S. Supreme Court.

Update Nov. 4, 1999.  Arlington loses appeal; may go to Supreme Court for quotas.
Update Jan. 25, 1999.  Arlington lawyers to argue in Richmond Court for quotas.
Update Nov. 21, 1998.  Arlington's day of reckoning is coming.
Update Aug. 25, 1998:   Quota King Bill Lann Lee and U.S. Dept. of Justice join Arlington schools to keep racial quotas.
Update May 25, 1998.  

Update Dec. 2007

At a cost of hundreds of thousands of dollars the Arlington Schools this year have contracted with reviled race-baiter Glenn Singleton to teach the faculty and staff that whites are bad, minorities are good, and standards of performance are a "white thing".

Read about Arlington schools' continuing efforts to promote racial quotas and preferences at this link.

Additional References on this issue are also available at "Additional Links", below.

Go:  Details of Arlington Reverse Discrimination Arlington, VA "Minority" Schools:  In this community even kindergarten students are taught that race is more important than the constitution.

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Suburban DC School District
Defies Judge:  Practices Racial Preferences!

Judge Reverses Arlington School Board
for Second Year Running!

(April 24, 1998) Arlington, Virginia is a suburb of Washington, DC.  Being in such close proximity to President Bill Clinton, it is no surprise that the Arlington school board feels that admitting the "right number" of minorities into Arlington's schools is more important than fair and equal treatment under the law.

          The Arlington Traditional School starts 'em young: At the tender age of 5 years old, kindergartners here are taught that race is more important than academic qualifications, achievement, AND the constitution! That’s quite a civics lesson for 5 year olds!

          According to the Washington Post today, the Arlington County School Board has once again violated a Judge's order prohibiting them from holding race-based lotteries to determine admissions to their school. Quite an example to set for those impressionable young minds, don't you think?

          U.S. District Judge Albert Bryan is a tad unhappy with the Arlington County School Board. It seems that a year ago he had also ordered them to stop using race-based lotteries to determine school admissions.

          This year, on April 14, Judge Bryan ruled (once again) that the school's racially-weighted lottery was not Constitutional. The school officials had set up the lottery to favor Blacks, Hispanics, low-income households, and just about anyone who did not speak English as their first language. Honest! The school's admissions formula gave preference to students who do not speak English as their first language over English-speaking students!  With your tax dollars!

          Judge Bryan's current ruling negates the school's stated rationale of making the school "as ethnically, economically and linguistically diverse" as the school district. The Judge's order voided the current admission of 46 kindergarten students who had been admitted on the basis of Arlington’s racially-weighted lottery system.

          Here's a racial breakdown of the admissions and rejections using Arlington's "diversity formula", as reported by the Washington Post:

1998 Race-Based Admissions: 1998’s Rejected Students:
54 percent "non-Hispanic white" 74 percent "non-Hispanic white"
26 percent "Hispanic" 4 percent "Hispanic"
11 percent "Black" 8 percent "Black"
9 percent "Asian" 14 percent "Asian"

          Another, similar "reverse discrimination" law suit is pending from a neighboring school district in Arlington which also likes to use racially-weighted admissions policies.

          Adversity.Net may be wrong here, but didn't the original Civil Rights Act seek to strike down this kind of racial discrimination?


May 25, 1998 Updates:

(Fri., May 8, 1998):  Yesterday, the Board for the Arlington Traditional School finally complied with the Judge's order and held their new "non-racially-biased" lottery for the 46 available kindergarten spaces. 

          The racial breakdown of yesterday's lottery is not available. 

          The Board isn't through with its campaign to alienate parents in this county, however. The Board is using Arlington County tax dollars to appeal the Judge's decision.  Does Arlington have a line-item in their school budget for fighting the Constitution? 

          A better use of these tax dollars would be to expand the Arlington Traditional School to admit more students! 

          In its coverage of yesterday's lottery, the liberal Washington Post soft-pedals Arlington's previous racist admissions policies by stating that "school officials sometimes passed over white students who had placed high in an admissions lottery in order to increase minority enrollment." As if the fact that it only happened "sometimes" makes it any less reprehensible!

          Maybe the U.S. Congress should appoint a Control Board for the Arlington County Schools like they did for DC!

-------------------
(Sat., May 23, 1998):  Another Arlington school was forced to throw out racially-weighted lottery results this week.  Arlington's H-B Woodlawn alternative school held a new, completely random (non-biased) admissions lottery, following the lead of the Arlington Traditional School.

          The H-B Woodlawn alternative school threw out an admissions lottery conducted earlier this year which had been weighted to favor of certain racial and ethnic groups.  The school board was afraid that the original, racially-biased lottery would not stand up to judicial review following Judge Bryan's ruling on the unconstitutionality of the Arlington Traditional School lottery.

          If this keeps up, maybe parents of non-minority school age children in this suburb of Washington, DC will regain confidence that their kids will be treated equally and without racial bias in their own tax-supported public schools!


Aug. 25, 1998 Update:

Clinton's "Pro-Quota" Dept. of Justice Joins the Fight:  U.S. District Judge Albert Bryan has twice ruled that the Arlington school's racially-biased admissions lottery was unconstitutional.   But that isn't good enough for Bill Lann Lee and the Clinton Justice Department.  

          The Washington Post reported today that DOJ filed a "friend of the court" brief in the controversy, in which DOJ strongly defends the use of racial quotas and preferences in school admissions, especially at the elementary and secondary school level. 

           The Arlington school board has appealed U.S. District Judge Albert V. Bryan's second ruling throwing out their race-based admissions.  The appeal was filed in July 1998 with the 4th U.S. Circuit Court of Appeals in Richmond, VA.

          Bill Lee's Civil Rights Division at DOJ has filed a friend of the court brief with the 4th U.S. Circuit, arguing speciously that "a long series of Supreme Court and lower court decisions have recognized the importance of racial integration" in the schools.  What DOJ's amicus brief does not present are the long and more recent list of court decisions which clearly establish that race-based admissions policies are not allowed, and in virtually every case the use of such quotas is found by the courts to fail the "strict scrutiny" test.

          Bill Lann Lee's quota-supporting friends have also joined in supporting Arlington's appeal:  the NAACP and the League of United Latin American Citizens have also joined the school board in its appeal.

         DOJ's entry into the fray represents a "last gasp" grab for the minority vote by the Clinton administration and by his helpers like Bill Lee.  Many legal experts believe it is just a matter of time before the Supreme Court completely outlaws racially-weighted school admissions.  Clint Bolick of the Institute for Justice predicts the high court will probably use a case very much like Arlington's to make the point that racial admissions are against the law.


Nov. 21, 1998 Update:

Related News:  A federal appeals court ruled on 11/19/98 that Boston Latin School's race-based admissions policies are unconstitutional.   Additionally, the court ordered Boston Latin School (a public "college prep" school) to admit a white girl, Sarah Wessmann, who has been suing the school for two years over their refusal to admit her because she is white.  This precedent setting case will undoubtedly have a tremendous impact on the recalcitrant Arlington School Board who have been fighting court decisions against reverse discrimination in school admissions for several years.  Stay tuned!

          This ruling takes a lot of the wind out of the sails of Arlington, VA in its appeal to keep racial admissions quotas.


Jan. 25, 1999 Update:

Virginia (Arlington County):  Lawsuits Test Race's Role in School Admissions (01/25/99)
          "Two Washington area court cases have drawn the attention of educators and legal experts nationwide as a key test of whether public elementary and secondary schools have the right to admit and reject students based on their race.  On Wednesday, attorneys for the Arlington School Board will argue before a federal appeals court in Richmond that it should overturn a judge's order barring an alternative school in the county from using an admissions system that favors black and Hispanic children.

          "Later this year, the same court will hear an appeal from the parents of a white Montgomery County first-grader who was told that he could not transfer to a math and science magnet program because it would leave his neighborhood school with too few white students.  The cases are being watched closely, because the U.S. Supreme Court has never ruled on whether elementary and secondary schools can impose admissions restrictions in order to achieve racial balance, and there have been few other court rulings on the issue.

          "Stephan Thernstrom, a Harvard University history professor who testified against the admissions system used at the Boston school, welcomes the legal challenges. 'It is disgusting and harmful and immoral and unconstitutional for the state to be treating pupils not as individuals but as members of racial and ethnic groups,' he said."

          "Arlington and Montgomery appear to be the only Washington area school systems that decided on their own to consider race as a factor in admissions.  Prince George's County [Maryland suburb to DC] promotes racial diversity in its magnet schools under a policy that stems from a court desegregation order [which order is soon to end].

          "In November, a federal appeals court ruled against an effort to limit the number of white students at a public magnet school in Boston [See also:  Boston Latin School]. Many educators and legal observers think the 4th U.S. Circuit Court of Appeals in Richmond will take the same position."   (Washington Post, 01/25/99, Page B01, by Jay Mathews and Ellen Nakashima)
[former link *http://www.washingtonpost.com/wp-srv/WPlate/1999-01/25/027l-012599-idx.html]


Nov. 4, 1999 Update:

          According to the Washington Post, a two-judge panel of the 4th U.S. Circuit Court of Appeals denied the Arlington School Board’s request to rehear a lawsuit against Arlington’s racial quota admissions policies. The policy had earlier been struck down by U.S. District Judge Albert Bryan who had to order the school board three times to dismantle the racial quota program.

          Following Judge Bryan’s third order, with which Arlington finally complied, the school board in July 1998 filed an appeal of the decision with the 4th U.S. Circuit Court of Appeals in Richmond, VA.

          Following the loss of their appeal before the 4th U.S. Circuit Court of Appeals (Tue., 11/02/99) Arlington has 90 days to consider carrying their appeal to the U.S. Supreme Court.

          Recently, neighboring Montgomery County (Maryland) decided to appeal a similar anti-quota ruling (issued by the same court) to the U.S. Supreme Court.   (Based on Washington Post News in Brief 11/04/99)
[former link **http://washingtonpost.com/wp-srv/WPlate/1999-11/04/208l-110499-idx.html]

          See Also: Montgomery County to Argue Quotas to High Court.


Additional Links on this Issue:

See Also:  The Topeka Capital-Journal Nov. 29, 1998 -- Affirmative action debate moves to public school districts
          An excellent overview of the impact of recent court decisions banning "race-based admissions" in public high schools and grade schools.  Arlington, VA kindergarten; Boston Latin School; Montgomery County, MD.  Almost 50 yrs. after the landmark "Brown vs. Board of Education" decision, public schools must now cope with a long-overdue end to forced racial admissions.  (Also published in the New York Times.)

See Also:  NY Times Nov. 28, 1998 - Undated/Undecided Desegration Plan (dead link)
          "Lowell's admissions policy has been changed to create one cutoff for all applicants, but for 20 percent of the class it (also) takes into account other factors like socioeconomic status and personal achievement."  (New York Times 11/28/98)

[former link: *http://web3.stlnet.com/postnet/news/wires.nsf/National/8019DD0585984140862566CA0062920E]

See Also:  Education Week May 21, 1997 -- Judge Rejects Race-Based Admissions to Va. Magnets (dead link, formerly at http://www.edweek.org/ew/vol-16/34magnet.h16)

See Also:  Education Week Apr. 30, 1997 -- Racial Quotas in Desegregation Case Rejected

See Also:  Washington Post Aug. 25, 1998 -- U.S. Backs Arlington in Suit (dead link; see article by Jay Matthews, appearing on page D1 of the Aug. 25 print edition.  Former link location:    *http://washingtonpost.com/wp-srv/WPlate/1998-082598-idx.html)

See Also:  Washington Post Nov. 20, 1998 -- Race-Based School Policy Struck Down! (dead link; former location was:   *http://search.washingtonpost.com/wp-srv/WPlate/1998-11/20/211l-112098-idx.html)

More / Related:

Montgomery County, Maryland Denies Racial Quotas! (10/07/99)
          Washington Post and Associated Press stories about similar racial quota case in Montgomery County, Maryland.  Court overturns use of racial quotas in public school assignments.
[link http://www.adversity.net/education_2_maryland.htm#primsec_quotas ]


END Case 9: Arlington Kindergarten Quotas

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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.