TJ Admissions Policy Stays For Upcoming Freshman Class: Appeals Court

FAIRFAX COUNTY, VA — On Thursday, an appeals court granted a stay pending appeal, a temporary suspension of the ruling against the new admissions policy at Thomas Jefferson High School for Science and Technology. That means the admissions policy can remain for the upcoming freshman class as the appeal is decided in court.

In February, U.S. District Judge Claude Hilton had provided a summary judgment in favor of the Coalition for TJ, a group opposed to the new admissions policy. In the summary judgment, Hilton wrote Asian American students are "disproportionately harmed" by the admissions policy changes. If the ruling stays, Fairfax County Public Schools would be required to stop the admissions policy.

FCPS is seeking an appeal of the ruling in the Fourth Circuit Court of Appeals. The stay granted by the federal appeals court means FCPS can select the class of 2026 this spring using the current admissions policy.

"We are pleased with the ruling from the Fourth Circuit, and we will continue to pursue our appeal of the lower court’s ruling," said Fairfax County School Board Chair Stella Pekarsky in a statement.

The Coalition for TJ released a statement criticizing the appeals court's decision.

"If the judges’ decision stands, we would see Fairfax County Public Schools usher in a second class of students to America’s No. 1 public high school through an unconstitutional race-based admissions process," the coalition stated.

In the stay pending appeal granted in court, concurring judge Toby Heytens said it is "undisputed that the challenged admissions policy is race neutral."

"In my view, appellant Fairfax County School Board is likely to succeed in its appeal," Heytons wrote. "I have grave doubts about the district court's conclusions regarding both disparate impact and discriminatory purpose, as well as its decision to grant summary judgement in favor of a plaintiff that would bear the burden of proof on those issues at trial."

Judge Allison Jones Rushing provided the dissenting opinion, noting the school board's wish to give an answer to current TJ applicants.

"While it would be frustrating to receive an admissions decision later than expected, or to be asked for additional admissions materials at this point in the process, these harms simply do not outweigh the infringement of constitutional rights," Rushing wrote. "And everyone—even temporarily frustrated applicants and their families—ultimately benefits from a public school admissions process not tainted by unconstitutional discrimination."

The current admissions policy was adopted by the Fairfax County School Board in December 2020. The new policy eliminated the admissions test and application fee, instead introducing a holistic review and a higher minimum grade point average. The holistic review considers experience factors such as applicants who are economically disadvantaged, English language learners, special education students, or students who are currently attending underrepresented middle schools.

The policy change sought to remove barriers that have impacted historically underserved students, including Black and Hispanic students. FCPS maintains that the process is race blind.

Under the new policy, Black students made up 7.09 percent of the admitted class of 2025, while last year's admission was "too small for reporting," meaning 10 or less. Hispanic students made up 11.27 percent of accepted students, compared to 3.3 percent last year. The percentage of white students admitted also increased from 17.7 percent to 22.36 percent. Asian students still represent the majority of admitted students, although the percentage fell from 73 percent to 54.36 percent.

The school district noted every FCPS middle school had students offered admission to TJ for the first time in at least a decade. FCPS said access was also increased to students with disabilities, students eligible for free or reduced price meals, and English language learners.

Admissions notifications for the upcoming freshman class will be made by mid-May.