The New York State Supreme Court dismissed a group’s complaint against New York’s Gifted and Talented (G&T) early learning program. IntegrateNYC sued New York City in March 2021 on behalf of 13 kids allegedly victimized by its “caste system.”
The plaintiffs asked a court to block the City’s G&T programs for high-achieving students in kindergarten through fifth grade, including accelerated instruction and extra resources. The lawsuit claimed black and Latino students were “unfairly rejected” from the program.
The complaint states that “the demographics of the City’s G&T programs reflect differential familial resources, enrolling predominantly white and certain Asian students.”
It alleged that due to the City’s identification of so-called “gifted” pupils, the students were separated from their African-American and Latino peers.
Other demands included a prohibition on middle and high school admission screenings, the implementation of critical race theory-inspired “culturally responsive-sustaining education,” and the imposition of racial hiring quotas.
The entities named in the complaint are the New York City Department of Education (DOE), the New York State Education Department, former Mayor Bill de Blasio, former Governor Andrew Cuomo, and incoming Schools Chancellor Meisha Porter.
On May 24, Justice Frank Nervo dismissed the case, arguing that the Court does not have the authority to decide education standards. The Court’s decision states that policy reform cannot be enacted by judicial or executive fiat.
Nervo, for example, noted that the petition requests the Court to order respondents to take particular action affecting curriculum content, test content, workforce diversity, and recruiting and disciplinary processes, among other things.
“The legislature, not the judiciary, is the proper branch of government to hear petitioners’ prayers,” he said.
The Parent Defending Education (PDE), which entered into the case as a defendant, and the Chinese American Citizens Alliance of Greater New York (CACAGNY) were among the organizations that hailed the Court’s decision to throw out the plaintiffs’ case.
PDE President Nicole Neily stated in response to Judge Nervo’s decision that to rule on educational policy would be “a wholly inappropriate role for the judiciary.”
“We are pleased by the court’s decision and hope that other activists realize that policy reform must occur through the legislative process—not by an executive or judicial fiat,” said Neily.
CACAGNY claimed that “‘woke’ administrations have engaged in sue-and-settle conspiracies with their activist allies increasingly around the country,” stressing that the activists might still challenge the matter in the New York Court of Appeals.
“There is simply no government accountability system for the eradication of racism from New York City classrooms and school corridors,” IntegrateNYC said.
The Court decision comes as thousands of people in New York City households prepare to apply to the G&T program. Applications will open on May 31 for the 2022-2023 school year.
According to Mayor Eric Adams, who took office in April, the City aims to add 100 spaces to its G&T kindergarten program in the coming academic year. In addition, the City plans to add 1,000 seats to third-grade G&T classes in the upcoming school year, which will be open to the top 10% of second-grade students at each school.
During former Mayor Bill de Blasio’s administration, admissions examinations were phased out and will not be reinstated. After being admitted, students will enter a lottery based on instructor recommendations and grades.
The CACAGNY claims that “woke education bureaucrats” employ this method to achieve “racial justice” or the same outcome for children of all races.
G&T programs, magnet schools, and even AP programs around the country are being dismantled by the “one-two punch of debased starting credentials followed by lotteries,” says the CACAGNY.
