College and High School admissions policies have been in the news recently and have been the topic of several forum threads over time.
In school admissions, policies based on merit can co-exist affirmative action:
When issuing regulations, federal agencies must abide by constitutional principles and follow the rules set forth by Congress and the President. In previous administrations, however, agencies often tried to impose new rules on the American people without any public notice or comment period, simply by sending a letter or posting a guidance document on a website.
The list of documents being rescinded includes 7 related to education:
1. December 2, 2011 Dear Colleague Letter Regarding the Use of Race by Educational Institutions.
2. 2011 Guidance on the Voluntary Use of Race to Achieve Diversity in Postsecondary Education dated December 2, 2011.
3. 2011 Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools dated December 2, 2011.
4. September 27, 2013 Dear Colleague Letter on the Voluntary Use of Race to Achieve Diversity in Higher Education After Fisher v. University of Texas at Austin [Fisher I].
5. September 27, 2013 Questions and Answers About Fisher v. University of Texas at Austin [Fisher I].
6. May 6, 2014 Dear Colleague Letter on the Supreme Court Ruling in Schuette v. Coalition to Defend Affirmative Action.
7. September 30, 2016 Question and Answers About Fisher v. University of Texas at Austin [Fisher II].
The protections from discrimination on the basis of race guaranteed by the Constitution, Title IV, and Title VI remain in place. The Departments are firmly committed to vigorously enforcing these protections on behalf of all students.
In commenting on the US DOJ press release, NPR states:
The Obama-era letters and memos on affirmative action did not have the weight of law. (A number of laws, including the Civil Rights Act, address the issue of race in school admissions, and the requirements of those laws are not affected by the new retractions.)
NPR
Trump Administration Rescinds Obama-Era Guidance Encouraging Affirmative ActionBy Camila Domonoske
July 3, 2018
In commenting on the WI DOJ press release, the New York Times states:
“The whole issue of using race in education is being looked at with a new eye in light of the fact that it’s not just white students being discriminated against, but Asians and others as well,” said Roger Clegg, the president and general counsel of the conservative Center for Equal Opportunity. “As the demographics of the country change, it becomes more and more problematic.”
New York Times
Trump Officials Reverse Obama’s Policy on Affirmative Action in SchoolsBy Erica L. Green, Matt Apuzzo and Katie Benner
July 3, 2018
It is my understanding that based on affirmative action, if two individuals are deemed to be equally qualified, the one to be chosen would appropriately be the minority least represented in the institution. However this process does not choose individuals regardless of qualification, and does not establish quotas; policies based on merit can co-exist with affirmative action.
This may be especially helpful for gifted kids who have greatest need for appropriately challenging advanced academics.
