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A group of public school parents and community groups filed a complaint today with the U.S. Office of Civil Rights alleging that New York City’s high school admissions policy discriminates against black and Hispanic students by concentrating them in low-performing schools where they are more likely to fail.

Filed by the Educational Law Center in Newark, N.J.,  on behalf of 13 parents, the Alliance for Quality Education and several community organizations, the complaint takes aim at the city’s complex system of school choice which assigns students to 386 high schools across the five boroughs.

Excluded from the complaint are the eight specialized high schools, including Stuyvesant, Bronx High School of Science and Brooklyn Tech, which require an entrance exam. Admission to those schools is governed by state law, not city policy. Also excluded from the complaint are “international” schools, which serve new immigrants, and transfer schools, which serve students who have been unsuccessful at traditional schools.

“Of the 386 high schools at issue in this sweeping federal complaint, 242 schools (or 63%) have a student population that is more than 90% African American and Latino. Thirty-seven of the 386 high schools (or 10%) have a student population that is more than 24% white, thus more than double the percentage of white students in the district,” the Alliance for Quality Education said in a press release.

Some scholars, including Bruce Fuller, Richard Elmore and Gary Orfield in their 1996 book "Who Chooses? Who Loses?," have suggested that an unfettered free market of school choice tends to increase racial and economic segregation because the best educated and wealthiest parents are best equipped to navigate a complex admissions process.

The Parthenon Group, a consulting firm hired by DOE to examine its NYC high school admissions, wrote in a 2008 report that concentrating students with high needs in any one school increases the overall chances of student failure and school closure. “Yet, despite this evidence DOE has continued to concentrate the highest-need students in minority schools, creating a vicious cycle that has doomed more minority schools to closure,” the press release said.

The Bloomberg administration dramatically expanded high school choice, closed low-performing schools and created hundreds of new small schools in the hopes that competition would force bad schools to close and allow good schools to flourish. Rather than attending school based on their address, all students must now apply to high school. Some selective or “screened” schools rank the students they want to admit based on their test scores and grades; others schools are assigned students at random. Some popular schools may have 5,000 applicants for 125 seats and attract high-performing students; unpopular schools struggle to fill their seats and get mostly low-performing students

The complaint calls this a “hands-off” approach to school assignment which results in disproportionate numbers of black and Hispanic children being assigned to low-performing schools.  “There are, apparently, no controls to ensure a distribution of students that will not overwhelm certain schools with high concentrations of students with high needs,” the complaint states.

As a proposed remedy, the complaint suggests the city could institute a system of "contolled choice" that limits the number of high needs students in any school.

The DOE responded by saying that choice has “empowered” families and suggesting that critics wanted to “turn back the clock.”

"This administration inherited an unequal system-–where zip code often determined a child’s fate,” deputy chancellor Marc Sternberg said in a press release. “Today, because of our nationally recognized high school admissions process, every student has the freedom to apply to any school throughout the city.” Sternberg said that graduation rates had increased for black and Hispanic students during Bloomberg’s tenure.

A copy of the complaint can be downloaded below.