Reply to Va. committee passes bill banning admissions discrimination

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB127
click on the 3/3 Senate version

[i]HOUSE BILL NO. 127
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Education and Health
on March 3, 2022)
(Patron Prior to Substitute--Delegate Davis)
A BILL to amend the Code of Virginia by adding a section numbered 22.1-26.2, relating to academic year Governor's Schools; certain practices prohibited and required.
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 22.1-26.2 as follows:

§ 22.1-26.2. Academic year Governor's Schools; certain practices prohibited and required.

A. No academic year Governor's School or governing board member, director, administrator, or employee thereof shall discriminate against any individual or group on the basis of race, sex, color, ethnicity, or national origin in the process of admitting students to such school.

B. Each local school board that jointly manages and controls a regional academic year Governor's school pursuant to § 22.1-26 shall collaborate to ensure that each public middle school that is eligible to send students to attend such Governor's school offers coursework, curriculum, and instruction that is comparable in content and in rigor in order to provide each student in each such middle school with the opportunity to gain admission to and excel academically at such Governor's school.[/i]
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They completely gutted this law. It’s basically meaningless in this form. Anti-reform advocates should be absolutely livid that this is the bill that’s going to Youngkin’s desk without the language regarding proxy discrimination and traditional academic factors.[/quote]

This is really upsetting. You're right - if this is the bill that passes Youngkin will not have fulfilled his promise to us.[/quote]

I'm unhappy about this too[/quote]

This language is similar to California's proposition 209 in terms of its generality, just more narrowly tailored towards Governor's schools. It will have the desired effect. I don't believe the language regarding proxy discrimination factors is useful since the standard for reviewing discrimination cases already considers discrimination mechanisms that is race neutral on its surface.

The fact that it echos federal law is fine by me, just gives plaintiffs additional avenues to pursue a case. Remember, the only reason we are unsatisfied with federal law is because of how some past court decisions apparently went against the civil rights act and the 14th amendment in allowing racist policies under some circumstances. I believe the current supreme court is well positioned to strike these down and remove this conflict. Once that happens, no government agency anywhere will feel like they have legal cover to practice racism or sexism in the name of superficial diversity. [/quote]

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