Attorney General Miyares Finds Fairfax County Public Schools Discriminated Against Asian American Students in Violation of Virginia Human Rights Act

RICHMOND, Va. — Attorney General Jason Miyares announced today that the Office of Civil Rights has found reasonable cause that Fairfax County Public Schools (FCPS) is in violation of the Virginia Human Rights Act and Title VI of the Civil Rights Act of 1964 for discriminating against Asian American students in its admissions process. The Virginia Office of the Attorney General has referred FCPS to the U.S. Department of Education and the U.S. Department of Justice for further enforcement under Title VI of the Civil Rights Act of 1964. 

“The Fairfax County School Board made clear its intended outcome was to reduce opportunities for Asian American students—and that’s exactly what occurred,” said Attorney General Jason Miyares. “These students are not statistics. They are sons and daughters, neighbors, classmates, and Virginians who deserve equal protection and opportunity under the law.” 

In January 2023, the Attorney General launched an investigation following reports that race played a role in changes to the admissions policy at Thomas Jefferson High School for Science and Technology (TJ), disadvantaging Asian American students.

In 2020, the Fairfax County School Board overhauled TJ’s admissions policy in response to data showing higher admissions numbers for Asian American students compared to black and Hispanic students. At the time, Asian American students had consistently made up over 65% of TJ’s admitted classes. The new policy achieved the Board’s goal: reducing Asian American admission from 73% to 54%—a 19-point drop in just one year.

Internal communications confirm that this outcome was intentional. The Board reviewed proposal after proposal until it could guarantee the racial “diversity” the Board was after. And in the zero-sum game of school admissions, achieving the Board’s preferred racial balance meant that fewer Asian American students would be accepted. Board members knew this. In private communications, Board members explicitly expressed that there was an “anti-Asian feel,” that the policy would “kick out Asians,” and even stated, “Asians hate us.” 

The policy was rushed through with minimal transparency, last-minute amendments, inadequate public input, and procedural irregularities. One Board member even described it as the “messiest execution” she had seen in nearly a decade. 

“Schools need to know that race-based decision making is illegal under the Virginia Human Rights Act and Title VI of the Civil Rights Act,” said Attorney General Jason Miyares. 

The Office of the Attorney General has referred this matter to the U.S. Department of Education and Department of Justice for further enforcement under federal civil rights law.

Read the fact sheet here. 

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