Affirmative Action, a set of policies enacted in 1965 that aimed at increasing education and career opportunities for historically underrepresented and thereby disadvantaged groups, was rejected by the United States Supreme Court on June 29, 2023.
In this decision, the Supreme Court stated that under the Equal Protection Clause of the Fourteenth Amendment, race, a protected class, cannot be a considered factor in college admissions. The effect this change will have on the diversity of upcoming college classes is unclear, leaving high school counselors, admissions offices, and university applicants wondering how previous methods will be altered.
Although there will be challenges and demands K‑12 schools must fulfill to prepare students for new measures, Fairfax County Public Schools, as well as several higher education officials, have been preparing for this restriction and are enacting new procedures in adjustment to the decision.
Some schools, such as Brown University, display strong efforts to create new methods to maintain a student body that “[represents] deep intellectual ability and broad diversity of background.”
However, two questions that institutions of higher education are still working to determine are: What will the impact on historically underserved groups be? And, how can schools such as Brown maintain the benefits of diversity in light of this change to their admissions practices?
The main goal of Affirmative Action was helping disadvantaged racial groups by bridging historic inequalities in employment and increasing access to education. It is widely debated whether these policies heavily benefitted such groups or merely leveled the playing field.
Students at Justice High School, a diverse school with a large number of first generation students, often struggle to navigate college application and financial aid systems. Other areas of vulnerability that higher education previously considered of students across the nation include disparate high school quality, economically vulnerable households, and finally racial background.
With no consideration of race, current seniors are worried about whether access to certain colleges will be altered. Senior Dibora Yilma believes that while not necessarily true, many students at Justice “have been made to believe that Affirmative Action was their ticket into these schools, or that they weren’t capable of getting in on their own merit.”
The Supreme Court case, STUDENTS FOR FAIR ADMISSIONS, INC. v. PRESIDENT AND FELLOWS OF HARVARD COLLEGE states that “race is a determinative tip for” a significant percentage “of all admitted African American and Hispanic applicants,” at Harvard. The second school in the Supreme Court case — University of North Carolina (UNC) — noted that in the previous UNC admissions process, readers considered all applicants’ race, and could “[provide] an applicant a substantial ‘plus’ depending on the applicant’s race.”
Yet, Justice High School’s Honors Government and AVID teacher, Eric Welch, does not see the Supreme Court decision heavily affecting Justice High School senior applicants. “I think, first of all, [it was] a small percentage of colleges where this actually mattered — the very, very competitive ones. And it’s a very small percentage of students that would have been affected.” Although Welch does acknowledge that several students at Justice were affected previously — sometimes positively — he believes that “colleges were prepared for this change,” and they will continue to “prioritize diversity and having students from multiple backgrounds go to their college.”
Since the Supreme Court ruling, colleges and universities are no longer permitted to directly ask directly about the student’s race as a considerable factor. This means higher education must find new approaches to attaining a diverse student body.
While colleges alter how they formulate applications, Yilma believes the students’ approach will be minimally modified. “The schools are the ones who have to navigate this change in how they can read applications, and my job is still to package and present myself in the most authentic way possible,” she said.
Although race can no longer be a blanket consideration in admissions, that does not mean that students cannot offer narrative information about their background that would make them attractive to an institution’s desire for a diverse student body. Section VI of the Opinion of the Court asserts that universities may still consider “an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.”
In an email sent out regarding essay prompts on updated applications, UVA President Jim Ryan and Provost Ian Baucom stated that the information gained from this response is considered because it relates to a “person’s unique ability as an individual to contribute to the university, and not on the basis of race or ethnicity alone.”
This prompts the question of whether an essay highlighting aspects of an applicant’s race and ethnicity places more of a challenge on disadvantaged students, who have less help at home or less assistance with writing college application essays. Many school systems, including FCPS, have programs to mitigate disparate social capital that families may or may not have as they navigate college admissions.
Dr. Lynette Henry, Manager of FCPS’s College Success Program (CSP), notes the district will likely need to add direct support and guidance for students to tell their stories, specifically through college application workshops and presentations. Henry adds this will take particular sensitivity when working with students who may have different levels of comfort sharing individual stories which “might be very painful,” or include something that students “may not want to share.” The CSP acknowledges the importance of helping students tell their story in a way that maintains dignity and privacy, while also using the essay to leverage what assets the individual can bring to a college community.
In the absence of racial considerations, college admissions offices are contemplating how other factors might be proxies for maintaining or increasing the diversity that schools are worried will be negatively impacted by the end of Affirmative Action. Some examples under consideration include ensuring spots for particular numbers of first-generation status students, students from a variety of high schools, or economically vulnerable students.
A letter sent out by Colgate University President Brian W. Casey promotes the university’s full intent to explore further measures that must be taken to attract a gifted and diverse student body. Colgate University has also joined a new recruitment consortium — which includes Cornell University, the University of Rochester, Syracuse University, Haverford College, Carleton College, and Claremont McKenna College — designed to “introduce Colgate to even wider applicant audiences.”
Fairfax County Public Schools is a massive system, comparatively larger than many others in the country. Moreover, the strength and value of the resources provided to students in this district cannot be underestimated. Henry believes “that as a district, [FCPS has] to prepare, [to] make changes that are necessary, and continue to support our students’ success.”
Additionally, Welch notes just how useful the AVID program can be for Justice students, stating, “[from] 11th grade into Senior year, what we give [students] in personal support is the equivalent of what some families spend $5,000 on.” Along with direct support from AVID teachers with essay writing, the program offers opportunities such as one-on-one essay support from educated and experienced lawyers, fee waivers for college applications, and visits to various colleges.
The AVID program, along with the work of Justice’s College and Career specialist Ms. Anderson, makes strong efforts to develop pipelines between Justice and other universities.
Teachers and officials in FCPS, as well as higher education admissions officials together emphasize the importance of taking advantage of resources and opportunities that FCPS offers. The size of FCPS offers Justice students an advantage that is not available to all students across the country who may be impacted by this change. Robust support from programs such as district CSP and the AVID program provides many ways for a student to highlight the attractiveness of their multicultural background and education in a school as diverse as Justice. Welsh concurs, stating “There’s an assumption that [Justice] students needed affirmative action to get into college. I don’t think they necessarily did. [It] helps them, but we have students who do the IB diploma, who get over 4.0 GPA, who play sports, who are in the theater, in music, doing all these amazing community service activities — that makes ‘em competitive, I don’t care who they compete with.”