Defending Education scored a major victory after a New York appellate court affirmed that racial balancing in New York City’s K-12 talented and gifted programs has no constitutional authority.
In IntegrateNYC v. City of New York, the court issued a 5-2 decision, resolving a 2021 complaint brought by Defending Education. The court found that the activists’ effort to inject race into every aspect of education was not supported by the equal protection clause, New York State Human Rights Law, or the state’s Education Article.
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“As plaintiffs have failed to adequately plead that they were denied a sound basic education, the claim must be dismissed,” Associate Justice Michael Garcia wrote for the majority opinion.
The ruling establishes an important national precedent rejecting race-based policies in education, affirming that such efforts have no place in a merit-driven, race-neutral system. As the court recognized, race-conscious initiatives undermine academic quality by admitting underqualified students into advanced programs, lowering standards for all. This harms both struggling students, who are set up to fail, and high achievers, whose learning environment is diluted.
Furthermore, admitting students into specialized programs based on race rather than merit discourages academic excellence across all demographics, fostering mediocrity instead of motivation.
In its decision, the court made clear that questions about educational policy belong to lawmakers, not judges, and that New York’s constitution does not mandate racial balancing in schools. The court ruling dismissed claims under the state’s Education Article, equal protection clause, and human rights law, noting that the plaintiffs’ allegations were “vague and conclusory” and that tests “objectively assessing academic achievement” are not discriminatory.
Defending Education, the organization that legally challenged IntergrateNYC’s effort, rightfully celebrated the victory as a win for the city’s parents and the integrity of the city’s education system.
“This victory is a win not only for New York City’s specialized schools’ program — the crown jewel of the American public education system — but also for meritocracy writ large. As Chief Justice Roberts famously said, ‘The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,’ and we are gratified that the court recognized the folly of this activist campaign,” Nicole Neily, the president of Defending Education, told the Washington Examiner.
Sarah Parshall Perry, vice president and legal fellow of Defending Education, told the Washington Examiner the court reached “the right conclusion in determining that questions about the quality or sufficiency of education are not those for the judiciary to resolve. Quizzically, the challengers demanded consideration of race in order to prevent race discrimination. That argument isn’t just illogical — it’s unconstitutional.”
Parent Leaders for Accelerated Curriculum and Education, an organization adjacent to Defending Education, celebrated the ruling as a victory for children.
“This ruling reaffirms the integrity of merit-driven selection processes that ensure every child, regardless of background, has a fair shot at excellence in our public schools,” PLACE NYC said Thursday night.
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IntergateNYC, however, the nonprofit group focused on “repairing the harms of school segregation,” claimed that the city’s school system is discriminatory because, in their eyes, not enough students from their preferred races are admitted to the city’s selective academic programs. In the words of the New York Times, the lawsuit sought “to establish the right to an antiracist education.”
IntegrateNYC then framed the ruling as an example of the judiciary’s refusal to challenge educational policy decisions.