A Manhattan judge on Wednesday threw out a lawsuit that sought to eliminate New York City’s Gifted & Talented programs and admissions screening to public schools.
Manhattan Supreme Court Justice Frank Nervo dismissed the case, saying the court doesn’t “make educational policy,” and cannot direct curriculum and testing content, employment diversity or staffing, admission and disciplinary policies.
“The legislature, not the judiciary, is the proper branch of government to hear petitioners’ prayers,” read the decision.
Several Big Apple high schoolers had sued the city and state in March 2021, arguing the selective admission processes perpetuate systemic racism and reinforce hierarchies in city schools.
There have been several changes to the Gifted & Talented programs since the lawsuit was introduced, including the addition of 100 kindergarten seats and 1,000 new third grade seats under Mayor Eric Adams’ administration. The plan involves universal screening of all rising kindergarteners’ talents, and the opportunity to apply for students who rank in the top 10 percent of the second grade.
Still, the plaintiffs, led by Integrate NYC, a student-led group advocating for diverse schools, suggested more changes are needed to public school admissions.
“We will definitely be appealing the ruling,” said Public Counsel Mark Rosenbaum, one of the attorneys for the plaintiffs, who will take the case to the Court of Appeals.
“Students of color and from low-income families in the New York City school system do not receive the same educational opportunities as their peers,” said Rosenbaum. “Every New Yorker knows this to be the truth.”
He added: “Correcting such denials is not a matter of discretionary educational policy. It’s a matter of simple justice mandated by the New York Constitution.”
Opponents of the lawsuit accused the plaintiffs of being anti-meritocracy — and in the months since it was first introduced, Parents Defending Education, a national organization opposed to teaching about race in schools, intervened in the case as a defendant.
The New York City Department of Education and city Law Department praised the judge’s ruling in a statement.
“These plaintiffs asked the court to make wide-ranging changes to numerous DOE policies related to curriculum, admissions and employment,” the spokesman said. “The court properly found that DOE and the legislature were the right venue for seeking these changes, not the court.”