In late August, Philadelphia Public Schools and its teachers union narrowly avoided a strike with an agreement that included 3% annual raises. But weeks later, the district had to seek permission to borrow up to $1.5 billion to help cover the cost of the contract and other expenses.

Districts in Fairfax County, Virginia, and Baltimore County had to renegotiate teacher contracts this summer after budget shortfalls left them without enough funding for promised raises. And Chicago Public Schools approved raises in a four-year union contract in April while staring down a $734 million deficit, before closing the gap as the school year began.  

Debt has grown steadily for U.S. public schools, from $415 billion in 2013 to more than $586 billion in 2023, according to the latest available. Philadelphia and Chicago were among the nation鈥檚 reporting debts exceeding revenues in 2023.

In March, the Philadelphia district adopted a $4.6 billion budget that reflects a slated to reach $466 million in 2027 and $774 million in 2030. Its three-year contract with the Philadelphia Federation of Teachers, which represents 14,000 educators, counselors and paraprofessionals, depended on from the state. But more than two months after the deadline for passing a budget, state lawmakers are at an , delaying funding to pay for the contract and other operating expenses. Michael Herbstman, Philadelphia鈥檚 chief financial officer, said the $1.5 billion in borrowing will help the cash flow problem.

鈥淭he one caveat on that is this does cost us a significant amount,鈥� he said. 鈥淭he state budget impasse is adding about $15 million to what we will incur in interest costs to borrow 鈥� that’s where it hits our budget.鈥�

Experts say declining enrollment, coupled with the expiration of federal pandemic relief funds, have taken a toll on school budgets across the nation. The Philadelphia school district lost from the 2014-15 school year to 2024-25.

Chicago Public Schools is in the same boat. The third-largest school district had more than in 2000. This year鈥檚 reported sits at 316,224. The was delayed this year by efforts to close the $734 million deficit, which included a $175 million payment the city expects for a pension fund reimbursement. For months, district officials and school board members debated whether to address the gap by paying the city or taking out a short-term loan.

During that time, the district considered delaying raises included in a $1.5 billion Chicago Teachers Union contract that was approved in April 鈥�  until union President Stacy Davis Gates threatened legal action.

鈥淐ontracts are not optional documents,鈥� Davis Gates in a letter to the school board. 鈥淭hey are covenants that provide security to the district鈥檚 employees, promises to the district鈥檚 students and labor peace for the city as a whole.鈥�

Chicago Public Schools approved a $10.25 billion budget in August that included a and other refinancing to close the budget gap. The district decided against a short-term loan and will move forward with the only if it receives extra revenue.

The district told 蜜桃影视 that it balanced the budget to ensure it could 鈥渇ully meet its obligations related to wages, staffing and programming, as outlined in its labor agreements.鈥�

In Baltimore County, the school district had to go back to the bargaining table with its teachers union this summer after it ran out of money for raises. 

In 2023, the district had approved annual pay boosts for 9,000 members of the Teachers Association of Baltimore County , according to reporting from . Educators received a 3% raise the first year, but when federal COVID relief funds decreased and the the district鈥檚 request for more money, officials rescinded the 5% bump that had been scheduled for July 1.

In May, teachers rallied before and after school, demanding 鈥減romises made should be promises kept.鈥� The district offered a 1.5% raise but the union rejected it, leading to an impasse before the two parties in July on 3.05%. Part of the increase took effect in September, while the rest will start in January.

鈥淲e know the impact of high-quality educators on student success,鈥� the union said in a June 6 . 鈥淲hen we fight for what we鈥檝e been promised, we do so to keep our veteran educators, to keep our early and mid-career educators, and to continue to compete for new educators to come here.鈥�

In Virginia, Fairfax County Public Schools from its board of supervisors in January to cover raises that were promised in a union contract, but it received less than half of the amount.

The Fairfax Education Unions鈥� collective bargaining agreement approved in January was its first in nearly 50 years. It included a for its 27,500 members starting July 1. The county budget shortfall prompted the district to for this school year. Future pay increases will be subject to local government funding.

鈥淭he board of supervisors鈥� refusal to address existing issues and triangulating political interests enables persistent underfunding of [Fairfax County],鈥� the union said in a . 鈥淸The board] ignored our input and decided teachers, bus drivers, custodians and educational staff deserve remarkably lower compensation than all other public employees.鈥�

The Philadelphia Federation of Teachers declined to comment for this story. Unions in Chicago, Fairfax County and Baltimore County did not respond to multiple requests for comment.

In 2020, the Fairfax district in northern Virginia changed its admissions criteria to better reflect the racial makeup of students in the county. Last May, the U.S. Court of Appeals for the Fourth Circuit .

The Supreme Court offered no explanation for its refusal to hear the case. But from Justice Samuel Alito, backed by Justice Clarence Thomas, called the lower court鈥檚 ruling in Coalition for TJ v. Fairfax County School Board, 鈥渁 virus that may spread if not promptly eliminated.鈥� 

鈥淲hat the Fourth Circuit majority held, in essence, is that intentional racial discrimination is constitutional so long as it is not too severe,鈥� Alito wrote. 鈥淭his reasoning is indefensible, and it cries out for correction.鈥�

The Supreme Court鈥檚 earlier ruling against Harvard and the University of North Carolina over affirmative action-based admissions left some districts in limbo over whether K-12 integration efforts based on family income, rather than race, could pass legal muster. Echoing arguments similar to those that Students for Fair Admissions made against affirmative action in higher education, the Fairfax parents said admissions changes at Thomas Jefferson High School for Science and Technology make it more difficult for Asian-American students to be accepted. 

Before Fairfax changed its admissions rules, about three-fourths of the school鈥檚 students were Asian Americans. District leaders eliminated a rigorous test for applicants and a $100 fee. And they reserved seats at the school for the top 1.5% of 8th graders in each middle school. Coalition for TJ said the new rules were racially biased because the proportion of Asian American students accepted dropped to 54%.

鈥淭he Supreme Court missed an important opportunity to end race-based discrimination in K-12 admissions,鈥� Joshua Thompson, a senior attorney with the conservative Pacific Legal Foundation, said in a statement Tuesday. The firm represents the Fairfax parents who sued. 鈥淪chools should evaluate students as individuals, not as groups based on racial identity.鈥� 

But some integration experts say the court鈥檚 decision not to hear the case confirms that using socioeconomic status in admissions is constitutional. Richard Kahlenberg, a fellow at the Progressive Policy Institute, called the court鈥檚 denial 鈥渁 victory for poor and working class students of all races.鈥� On behalf of the plaintiffs in the cases against Harvard and UNC, he testified in favor of socioeconomic integration, but said Tuesday that both that earlier opinion and the court鈥檚 denial of the TJ case fit with an ongoing public consensus in 鈥渟upport of racial diversity, but in opposition to using racial preferences to get there.鈥�

鈥淭he decision of seven justices not to hear the case makes good sense because for three decades, even the most conservative justices have been urging educational institutions to use precisely the kind of race-neutral strategies that Thomas Jefferson High School employed,鈥� he said. 

Supporters of the admissions changes note the current , 3.9, is higher than it was under the previous policy.

鈥淲e have long believed that the new admissions process is both constitutional and in the best interest of all of our students,鈥� Karl Frisch, chair of the district鈥檚 board, said in a statement. 鈥淚t guarantees that all qualified students from all neighborhoods in Fairfax County have a fair shot at attending this exceptional high school.鈥�

The 鈥榖est public schools鈥�

The Supreme Court鈥檚 denial of the TJ appeal is the second blow in three months to Pacific Legal鈥檚 efforts to curb what it sees as discrimination against white and Asian American students in K-12. In December, the U.S. Court of Appeals for the First Circuit ruled against the firm鈥檚 clients in a similar case over selective schools in .听

Following the opinion鈥檚 release, Erin Wilcox, another Pacific Legal attorney, said it was disappointing that just six months after the court鈥檚 affirmative action ruling, 鈥渢he First Circuit held 鈥� that it’s perfectly legal for Boston to use racial proxies to determine who is admitted to some of its best public schools.鈥�

Pacific Legal plans to go back to the High Court in the next few weeks to ask the justices to examine many of the same issues it objected to in the TJ case. 

But Stefan Lallinger, executive director at Next100, a progressive think tank affiliated with The Century Foundation, called the First Circuit鈥檚 decision 鈥渁 shot in the arm to districts that understand the value of diversity,鈥� but were left 鈥渃onfused or worse, afraid, to take bold and affirmative steps鈥� after the Supreme Court鈥檚 opinion on Harvard and UNC.

The Boston Public Schools made changes similar to those in Fairfax. The district replaced a merit-based admissions policy for its exclusive 鈥渆xam鈥� schools with one that drew students with high GPAs from all ZIP codes. (The system was later changed to reflect 鈥� small geographic areas within a county.) 

The Boston Parent Coalition for Academic Excellence Corp., a nonprofit, sued last year over the policy change, which has led to more Black and Hispanic students attending the schools.

Pacific Legal is also representing plaintiffs suing over criteria for entrance to highly competitive schools in , and . And in January, the firm filed on behalf of a group of New York parents over a statewide that prepares students to study STEM fields in college. The plaintiffs argue that the criteria favors Black, Hispanic, Alaskan Native and American Indian students regardless of their family鈥檚 income.

In Philadelphia, the American First Legal Foundation, another conservative law firm, after the district dropped merit-based application requirements, such as recommendation letters, attendance and test scores, for competitive schools. District leaders moved to in which students from certain ZIP codes receive preference. The system targets neighborhoods with the lowest representation of students who previously accepted offers to attend those schools.听

The case is currently pending in federal district court.

As LGBTQ students head back to school throughout Virginia, they return to a patchwork of contradictory rules dictating who may use what bathroom, play on which sports team and ask their teachers to address them by new pronouns. At issue is whether new state policies outlining the treatment of transgender students contradict state and federal law 鈥� and whether the commonwealth has the ability to enforce them.

In recent weeks, several of Virginia鈥檚 largest school systems have said they will not adopt the state鈥檚 new model policies, finalized in July. These require districts to use the pronouns and name a child was assigned at birth, exclude gender-nonconforming children from locker rooms and other facilities that match their identities and, critics say, risk the forced outing of transgender kids. 

On Aug. 15, the state鈥檚 largest school system, Fairfax County Public Schools, joined the Arlington and Prince William County districts in that, after reviewing the guidelines, they would keep their existing rules, which leaders believe comply with the law. Last year, when a draft of the policies was first released, leaders in Falls Church, Alexandria and Richmond said they didn鈥檛 plan to adopt them. 

Roanoke County Public Schools and a number of rural districts have begun using the new policies, titled 鈥�.鈥� The new rules assert that 鈥�All students have the right to attend school in an environment free from discrimination, harassment or bullying,鈥� but also say numerous LGBTQ protections must be reversed.

Many districts have yet to take up the question.

The disputes could end up in court, but attorneys tracking the seesawing debates predict the issue will become a central fixture of this fall鈥檚 campaign season. Every seat in the Virginia General Assembly is up for election in November, as are numerous school boards. Republican Gov. Glenn Youngkin 鈥� who cruised to office in 2021 on a 鈥減arents’ rights鈥� platform 鈥� has suggested that board members who don鈥檛 adopt the guidelines may not be “.”

Civil rights advocates agree with district leaders who say the new policies contradict a number of state and federal anti-discrimination laws. They don鈥檛 believe the state Department of Education has the authority to enforce their adoption.

On Aug. 23, the commonwealth鈥檚 attorney general issued an advisory opinion saying the guidelines comply with state and federal law. is silent on what action state officials may take against districts that disagree. The day before, Youngkin held a press conference where he . Asked what the state could do to enforce the guidelines, he said, 鈥淚 just ask you to stand by. Just stay by.”

Youngkin spokeswoman Macaulay Porter told 蜜桃影视, 鈥淭he law requires the Virginia Department of Education to provide model policies and requires school boards to adopt policies consistent with those provided by the department. Virginia school divisions that reject and diverge from 鈥� model policy guidance are perpetuating a false notion that they know what’s better for a child than a child’s parent. School boards are expected to follow the law.鈥�

Contacted by 蜜桃影视, Victoria LaCivita, spokeswoman for Attorney General Jason Miyares, said school boards 鈥渁re now on notice of their legal obligation to adopt policies consistent with the model policies. 

鈥淚f a school board voted not to adopt policies consistent with the model policies, parents can sue under current state law,鈥� she added. 鈥淥ur office will be monitoring all litigation and will be prepared to participate where doing so is appropriate and parents have valid claims.鈥�

But Carl Tobias, Williams Chair at the University of Richmond School of Law, says it鈥檚 鈥渋n dispute鈥� whether the policies 鈥� which he called 鈥渄iametrically opposed鈥� to the thrust of the underlying legislation 鈥� conform to the law or whether the state has the authority to act if they are not adopted. 

The purpose of the underlying 2020 statute is clear, he says: 鈥淭he intent was to do whatever was necessary and evidence-based to help transgender students. That鈥檚 what the legislature wanted to do.鈥�

The question now, he adds, is 鈥渨ho鈥檚 going to sue whom.鈥�   

The state Department of Education did not reply to questions from 蜜桃影视 about whether it will take action against the districts.

So far, districts are reacting to the new guidance much in the way they did to policies issued two years ago by Youngkin鈥檚 Democratic predecessor regarding the same law, with many small or rural districts sidestepping the question or adopting less detailed policies written by the Virginia School Board Association. State officials took no action against school leaders who did not adopt the first set of policies.

Fairfax is following the law, says Wyatt Rolla, senior transgender rights attorney at the ACLU of Virginia: 鈥淚t鈥檚 really important for folks to understand that 鈥� this guidance document, these model policies, cannot and does not change the obligations of school boards under existing federal and state law. In Virginia, as well as under federal law, students are protected from discrimination on the basis of gender identity.鈥�

Adopting the policies could leave districts open to lawsuits and federal civil rights complaints from families, Rolla says: 鈥淭hey really threw school districts under the bus.鈥澛�

There are 1.2 million public school students in Virginia. Researchers estimate some 4,000 are transgender. Their rights have been considered settled law since 2020, when the U.S. Fourth Circuit Court of Appeals upheld the right of a transgender former Gloucester County student named Gavin Grimm to use the boys鈥� bathroom. 

In March 2020, in the runup to that court decision and with a Democratic trifecta in power, assembly members spelling out a series of protections for LGBTQ students, which are also detailed in the . The new law specified that 鈥渢he Department of Education shall develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools.鈥� 

The legislation spelled out a number of protections and required the policies to be based on 鈥渆vidence-based best practices.鈥� Then-Gov. Ralph Northam鈥檚 education department issued the first set of guidelines in 2021.

Simultaneously, Virginia had become the epicenter of protests over LGBTQ rights, curriculum involving race and history, book bans and other culture war issues. Campaigning on a platform that promised to ensure parents鈥� right to shield their children from these topics, Youngkin was elected governor.

A year ago, he released new proposed guidelines, triggering a wave of and drawing more than 70,000 public comments, the vast majority in opposition, says Tobias. The final rules were published in July. 

鈥淭he 2021 Model Policies promoted a specific viewpoint aimed at achieving cultural and social transformation in schools,鈥� the new document explains. 鈥淭he 2021 Model Policies also disregarded the rights of parents and ignored other legal and constitutional principles that significantly impact how schools educate students, including transgender students.鈥� 

Rolla is critical of the way Youngkins鈥檚 policies are organized, noting that they are likely difficult for the public 鈥� including many school board members 鈥� to understand. For example, one paragraph states, 鈥淪tudents shall use bathrooms that correspond to his or her sex, except to the extent that federal law otherwise requires. See Grimm v. Gloucester County School Board, 972 F.3d 586 (4th Cir. 2020).鈥�

But far from outlining exceptions, the Grimm decision is unequivocal: Students may use the restroom that matches their gender identity. The ruling goes to pains to reject the legal validity of trying to distinguish between biological sex and gender identity in matters involving sex-segregated school facilities. 

An expert in education and the constitution, Bob Jarvis is a professor at Nova Southeastern University College of Law in Florida, where Gov. Ron DeSantis has directed a number of state agencies and education officials to adopt policies and rules that critics say often are not backed by law. District leaders, Jarvis says, need help from the legal system.

鈥淚’m surprised that no school board or school district has gone to court and said, 鈥楽o, judge, we have a problem. On the one hand, we’re looking at Grimm; on the other hand, we’re looking at these new standards. And we are not sure if we can legally follow the new standards.鈥� 鈥�

A district refusing to comply with the guidelines 鈥� even if confident they are illegal 鈥� is taking a risk, says Jarvis. 鈥淏ecause you don’t have the power to decide that the new guidelines are contrary to state law, you have to go to court,鈥� he says. 鈥淚t would be very interesting if the school boards鈥� attorneys would tell you their calculations. 

鈥淚 assume that they would say, 鈥楤ecause we are between this rock and a hard place. We think, with Grimm and the way the state law is written, that we are on safer ground 鈥� if we follow this course than if we follow the other course.鈥� 鈥�

Also at issue: The model policies go beyond existing legal precedents. Even if parents sign off on a student鈥檚 request to change their name or pronouns, the rules say staff and classmates are not required to recognize them if they believe doing so violates their religious or ideological freedoms. 

鈥淧ractices such as compelling others to use preferred pronouns is premised on the ideological belief that gender is a matter of personal choice or subjective experience, not sex,鈥� the model policies state. 鈥淢any Virginians reject this belief.鈥�

Courts are sometimes quick to decide administrative disputes, say Jarvis and Rolla. But even if legal challenges are filed, it’s unlikely they would prevent the districts鈥� refusal to implement the policies from becoming a political wedge. Every lawmaker in the commonwealth and lots of school board seats are up for election in a few weeks in a state that has drawn national attention galvanizing voters by challenging schools鈥� LGBTQ policies. 

鈥淚t drives the base on both sides,鈥� says Jarvis. 鈥淥n the Republican side, it drives the base by showing that we really have to get tough, because look at what these crazy districts are doing, thumbing their nose at the guidance. And on the Democratic side, of course, it drives the base because it shows if you don’t turn out, there will be more of this to come.鈥�

Disclosure: Andy Rotherham is a member of the Virginia Board of Education and sits on 蜜桃影视鈥檚 board of directors. He played no role in the reporting or editing of this story. 

鈥淲hat cannot be done directly cannot be done indirectly,鈥� Chief Justice John Roberts wrote in the in the case against Harvard University.

Several conservatives are glomming on to that quote as a warning to school districts that rely on admission criteria they claim is race-neutral even as they pursue a goal of increasing the number of Black and Hispanic students they accept.

鈥淓liminating racial discrimination means eliminating all of it,鈥� said Erin Wilcox, an attorney with the Pacific Legal Foundation. The right-leaning nonprofit law firm represents families in four East Coast districts suing over policies that determine who gets into competitive schools.

This summer, the firm will ask the Supreme Court to hear against the Fairfax County Public Schools in Virginia over changes to the admissions policy at the prestigious Thomas Jefferson High School for Science and Technology.

鈥淭reating students based on their experiences as individuals, not on the basis of race, is what we鈥檝e been fighting for,鈥� Wilcox said. 

Pacific Legal, part of the conservative , is making the same argument on behalf of plaintiffs in Montgomery County, Maryland, New York City and Boston. In revising their selection processes to pursue greater equity, the complaints say district leaders openly expressed a desire to limit the numbers of white and Asian-American students attending those schools.

Advocates for racially balanced schools, however, call the firm鈥檚 argument far-fetched and maintain there鈥檚 still legal backing for policies that take socioeconomic status into account when admitting students. K-12 leaders, they argue, those efforts out of concern for what the courts may do.

鈥淩ather than try to guess how this [ruling] affects them, I think schools and districts should continue to promote diverse, equitable learning environments for students because research tells us that’s what’s best for kids,鈥� said Stefan Lallinger, executive director at Next100, a progressive think tank affiliated with The Century Foundation. 

Racial segregation is 鈥減ernicious,鈥� he said, and with the end of affirmative action in college admissions, K-12 schools to address educational inequities. 

鈥淔or hundreds of years in some cases, selective institutions have discriminated against people of color,鈥� he said. 鈥淚f the Pacific Legal Foundation’s argument is that there are no legal remedies available 鈥� we’re really in trouble.鈥�

鈥楶roxy discrimination鈥�

Amid the racial reckoning following George Floyd鈥檚 murder in 2020, in which districts nationally tried to expand educational opportunities for minority students, Fairfax leaders eliminated a rigorous test for applicants and a $100 fee. They reserved seats at the school, known as TJ, for the top 1.5% of 8th graders in each middle school. 

鈥淲e firmly believe this admission plan is fair and gives qualified applicants at every middle school a fair chance of a seat at T.J.,鈥� John Foster, an attorney for the Fairfax County Public Schools, said in May when the U.S. Court of Appeals for the 4th Circuit ruled against Coalition for TJ, the plaintiff in the case. 

But that鈥檚 no consolation for families who thought their children had a good shot of being admitted to TJ under the old system. Stephanie Lundquist-Arora, a member of the coalition, said her oldest son, who is half Asian, did well in accelerated math classes and took three semesters of engineering. 

鈥淗e should have been a competitive candidate,鈥� she said.

But after making the waitlist, his application for this fall was rejected. Lundquist-Arora has two younger sons 鈥� one of which is taking honors algebra in seventh grade 鈥� but she鈥檚 concerned they could also be shut out of what is considered high school.

Although Asian-Americans still make up the majority of students at the school, their enrollment numbers dropped from 73% to 54% in the year after the metrics changed 鈥� evidence, Wilcox argued, that the new policy is biased.

The complaint offers text messages from Fairfax County school board members alluding to their policy鈥檚 鈥渁nti asian [sic] feel鈥� to show that race-neutral admissions can be 鈥減roxy discrimination.鈥�

Similar disparaging remarks from board members about white students are part of the complaint in the , currently before the U.S. Court of Appeals for the 1st Circuit. The Boston Parent Coalition for Academic Excellence Corp., a nonprofit, sued last year when the district replaced an admissions policy for its prestigious 鈥渆xam鈥� schools based solely on merit with one that drew students with high GPAs from all ZIP codes. (The system is now based on , small geographic areas within a county.)

In a text exchange cited in court documents, former board member Lorna Rivera wrote, 鈥淚 hate W[est] R[oxbury],鈥� referring to a predominantly white neighborhood. Alexandra Oliver-Davila, another former member, responded: 鈥淪ick of westie whites.鈥� resigned after being caught on Zoom mocking ethnic-sounding names. 

But advocates who support the new policy say the comments reflect years of frustration with the district prioritizing the exam schools and offering fewer resources to schools serving Black and Hispanic students.

Ruby Reyes, director of the Boston Education Justice Alliance, said affluent white and Asian parents might think their children have lost the chance to get into those elite schools because of the policy change.

鈥淚t isn鈥檛 a loss,鈥� she said. 鈥淚t鈥檚 a beautiful thing. The admission policy has had a great impact in terms of diversity.鈥�

In addition to attending the schools, the rates of students with disabilities and English learners receiving invitations to attend has also increased as a result of the new policy.

Families at one of the schools, however, oppose to move O’Bryant School of Math and Science 鈥� the most racially diverse of the three exam schools 鈥� from its current Roxbury location, a historically Black neighborhood, to West Roxbury, which is predominantly white. 

The new location would provide the school with much-needed space, but with fewer public transportation options in West Roxbury, the change could affect which students choose to attend, Reyes said.

In Maryland鈥檚 Montgomery County Public Schools, leaders amended the admissions process for four sought-after magnet middle schools. Under a new provision, the selection process favors high-achieving students who don鈥檛 attend school with a lot of other gifted peers.

As a result, high-performing Asian-American students, who tend to be concentrated in a small group of elementary schools, are less likely to be admitted while more Black and Hispanic students who attend schools spread across the district get in, said.

Finally, Pacific Legal represents who say the district has limited their children鈥檚 opportunities to attend any of nine top-ranked high schools, such as Stuyvesant High, Bronx High School of Science and Brooklyn Technical High School. Students are admitted based on entrance exam scores, but in 2020, former Mayor Bill de Blasio increased the number of students considered for admission from low-income schools that predominantly serve Black and Hispanic students. 

The plaintiffs appealed a lower court ruling in favor of the city to the 2nd Circuit Court of Appeals, where it awaits a decision. 

鈥楳ere reflections upon race鈥�

Joshua Dunn, executive director of the Institute of American Civics at the University of Tennessee, is among those who think that if district leaders aimed to reduce the number of white and Asian-American students admitted, their race-neutral policy under this Supreme Court.

The ruling in favor of Students for Fair Admissions, the advocacy group that sued Harvard and the University of North Carolina, 鈥渞einforces that racial balance can鈥檛 be the goal and the [Fairfax] board made it clear that鈥檚 what it was after,鈥� Dunn said. 鈥淏ottom line, I don鈥檛 see how the appellate decision survives in light of the court鈥檚 ruling and the factual record.鈥�

But others agree with the 4th Circuit, which said that texts or other statements expressing a desire to increase diversity aren鈥檛 enough to 鈥渋nflict adverse effects鈥� on a particular racial group. David Hinojosa, director of the Educational Opportunities Project at the Lawyers鈥� Committee for Civil Rights Under Law 鈥� which represented UNC before the court 鈥� called Pacific Legal鈥檚 argument an 鈥渆xtreme colorblind interpretation.鈥�

鈥淣owhere in the Harvard/UNC opinion does the court suggest that mere reflections upon race are unlawful,鈥� he said. 

Richard Kahlenberg, a non-resident scholar at Georgetown University鈥檚 McCourt School of Public Policy and an expert on integration, added that districts are on firm legal ground if their admission policies promote the selection of promising students who have shown determination despite poverty or other obstacles.

He points to from Justice Clarence Thomas defending such programs. Thomas reiterated that position in his concurring in the Harvard/UNC ruling.

鈥淚ndividuals are the sum of their unique experiences, challenges, and accomplishments,鈥� he wrote. 鈥淲hat matters is not the barriers they face, but how they choose to confront them.鈥�

Kahlenberg, who served as an expert witness on race-neutral policies for Students for Fair Admissions, suggests the court might take the TJ case to further clarify what schools can still do to increase diversity. But he added, 鈥淭he high court does not have an appetite for going further and eliminating preferences based on socioeconomic status or geography.鈥�