Reply to U.S. Supreme Court Chief Justice John Roberts on Friday called for a response from a Virginia school

Forum Index » Advanced Academic Programs (AAP)

Reply to "U.S. Supreme Court Chief Justice John Roberts on Friday called for a response from a Virginia school"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This is a genuine legal question and I would ask only those who actually know the answer to reply:

Can a public school change its admissions process after its applications are submitted? It seems reasonable that FCPS would have to start all over again beginning with the application process for 2026 if they are enjoined from using the process that the initial applicants signed up for.[/quote]

That seems to be up to local policy, which cannot violate federal protections of fundamental rights. So, regardless of what FCPS/VA rules on this matter is, if federal courts do not allow the current admission process and order a new process to be implemented, then this will have to be done. [/quote]

Hilton's order only mandated that the new process could not be used. A commonsense reading of that order suggests that any change to the process (however minor) would constitute a new process. If Hilton wanted to write a more exacting set of specifications, he had every ability to do so - but given his lack of judicial bona fides, it's unsurprising that he didn't. This is a guy who has been stuck at District Court for 40 years.[/quote]

No, a common reading of the order suggests that any new process cannot continue to violate federal law as described by the decision.[/quote]

Without indicating which aspect of the process he found in violation of federal law (which he didn't either in the opinion nor in the order), it is impossible for FCPS to determine what aspect of the process he found to be in violation. It's surprising to me how open he left the door, but perhaps it shouldn't be given his less-than-stellar record.

I wonder if the School Board will request an expedited process from the Fourth Circuit in the event that the stay is lifted.[/quote]

These are good questions. I also read the initial stop order as essentially, "you have to do something else" with very little guidance as to what in the process was acceptable and what was not. Was it the 1.5% allocation? Was it the ELL experience factor? How about the ED experience factor? Or was it the lack of an exam? All Hilton basically said was "Boo, this is racist, fix it" without any specifics.

In the absence of that guidance, it seems to me that FCPS would be free to do more or less whatever they want as long as it's not identical in all steps to the process that was enjoined. It's shocking to me that Hilton wasn't more specific.[/quote]

You don't understand what a Judge does.  [/quote]

Juges make laws and establish administrative procedure. Obviously. [/quote]

I know you're being sarcastic, but they actually do in these kinds of cases. Kansas City was basically run by a federal judge for years including levying taxes on the school district to fund court mandated salary increases for teachers.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics