DOJ Says 12th High School Boundaries Includes too Few Minority Students

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Following a preliminary inquiry, the Department of Justice (DOJ) has informed Prince William County Schools that it has concerns over the demographic makeup of the 12th High School located on Hoadley Road.

Due to these concerns, the DOJ is asking that PWCS delay the zoning of the new high school until the school division address some of their concerns.

DOJ addressed the department’s concerns in a September 4th letter addressed to James E. Fagan, Division Counsel for the school division. Kelly D. Gardner, Trial Attorney, wrote the letter on behalf of the Federal department.

Chief among the department’s concerns is that while the high schools feeding into the new school are demographically diverse, fewer minority students have been selected to attend the new school than white students. This selection of students is the result of the residential neighborhoods that PWCS chose to rezone.

The letter notes that although 70.1 percent of Hylton High School students belong to a racial minority group, only 40.3 percent of students being rezoned from Hylton to the new high school belong to a minority group. Meanwhile, a greater number of white students are being rezoned, leaving minority numbers to increase at Hylton while the new school will have a smaller minority population than other nearby schools.

The data provided by the District indicates that approximately 80% of the students slated to attend 12th High School will be reassigned from Hylton and Osbourn Park High Schools. Although 70.1% of high school students currently living in the Hylton attendance boundary belong to a minority group, only 40.3% of the high school students being rezoned from Hylton to the 12th High School belong to a minority group. Conversely, white students represent 29.9% of all high school students living in the Hylton attendance boundary but 59.6% of the Hylton high school students set to be reassigned to 12th High School. Under the proposed reassignment, the percentage of high school students living in the Hylton boundary who are minority increases from 70.1% to 74.8%.

The letter likewise criticizes similar practices in regards to Osbourn Park High School.

Similar patterns exist with respect to the reassignment of students from Osbourn Park High School. For example, 51% of the high school students currently living in the Osbourn Park attendance boundary belong to a minority group, but only 35% of the high school students being rezoned from Osbourn Park to 12th High School belong to a minority group. White students, on the other hand, represent 49% of high school students living in the Osbourn Park attendance boundary but 65% of the high school students reassigned from Osbourn Park to 12th High School.

The letter notes that the concern is heightened due to the irregular shape of neighborhood boundaries. The letter said the Osbourn Park boundaries include non-contiguous “islands” of students that would cross over one boundary to attend another school. They also note that these “islands” tend to have a majority of minority students.

As a result, the DOJ notes that the school division’s boundary proposal is not in compliance with the Equal Educational Opportunities Act of 1974.

These preliminary findings raise significant concerns regarding the boundary proposal’s compliance with the Equal Educational Opportunities Act of 1974 (“EEOA”), 20 U.S.C. § 1701 et seq., which the Department of Justice is charged with enforcing. The EEOA provides that “[n]o State shall deny equal educational opportunity to an individual on account of his or her race, color, sex, or national origin, by . . . the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin among the schools of such agency than would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student.” 20 U.S.C. § 1703(c).

The letter goes on to say that the boundary plan is even more egregious since the boundaries include certain irregularities or “islands” in which mostly minorities reside. It seems these areas were excluded from the new boundary plan.

“Irregularities in the proposed Osbourn Park and 12th High School attendance boundaries, including what appear to be departures from traditional zoning principles like contiguity, may raise additional equal protection concerns,” the letter reads.

The DOJ has requested a phone conference with PWCS.

Supervisor of Planning Dr. Matthew Cartlidge for PWCS had said the school division does not make a determination whether or not a minority-majority school is good or bad.

At boundary meetings for the 12th High School held in late spring, some residents of smaller neighborhoods requested that their neighborhoods not be redistricted again, if they have recently redistricted. Those requests may account for some of the "island" neighborhoods.

The 12th Prince William County High School has been under scrutiny from the public and the local media for a multitude of other reasons. These include the cost of the school, the location, its high profile aquatic center and a hundred-plus-year-old family cemetery found on the school site.

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