The U.S. Supreme Court has agreed to hear a case challenging Montgomery County Public Schools’ (MCPS) admissions policies for magnet middle school programs, following a lawsuit filed by parents who allege that the admissions process discriminates against Asian American students.
The case, Association for Education Fairness v. Montgomery County Public Schools, concerns admissions policies used for STEM and humanities magnet programs at four Montgomery County middle schools.
According to NBC News, MCPS introduced changes to its magnet admissions process in 2017 following a report that found Black and Latino students were underrepresented in the programs, while Asian American students were overrepresented. The changes included additional student outreach and cognitive testing intended to expand access.
During the COVID-19 pandemic, MCPS introduced a lottery-based admissions system. Students qualify based on their test performance relative to other students at their elementary schools. The earlier admissions process has since been discontinued.
The Association for Education Fairness (AFEF), which filed its lawsuit in 2020, argues that both systems disadvantaged Asian American students, particularly those attending high-performing elementary schools. The organization alleges that the policies were intended to increase Black and Latino enrollment at the expense of Asian American applicants, violating the 14th Amendment.
A federal judge in Maryland dismissed the lawsuit, and the U.S. Court of Appeals for the Fourth Circuit upheld that decision in February. The Montgomery County Board of Education has defended its admissions policies and disputed the allegations of intentional racial discrimination.
The Supreme Court will consider whether plaintiffs challenging admissions policies that do not explicitly use race must demonstrate that the affected racial group experienced an overall disproportionate impact relative to its share of the applicant pool before their discrimination claims can proceed.
As NBC News notes, the case is narrower than the Supreme Court’s 2023 ruling restricting race-based college admissions. The justices will address the legal standard for evaluating discrimination claims rather than directly determine whether MCPS violated the Constitution.
Pacific Legal Foundation, which represents AFEF at no charge, welcomed the decision to hear the case.
“The Constitution protects students as individuals, not as members of a racial group,” said Chris Kieser, a senior attorney at Pacific Legal Foundation.
This marks the second time in recent years that the Supreme Court has taken up a case involving MCPS. In 2025, the court ruled in favor of parents who challenged the school system’s handling of religious objections to LGBTQ-themed books in elementary schools.
