The state’s top court tossed out a lawsuit Thursday that claimed New York City’s gifted and talented programs — which mayoral front-runner Zohran Mamdani wants to phase out — are racially biased against black and Latino students.
The suit, filed against the city and state by 13 anonymous students and the group IntegrateNYC in March 2021, alleged the screening and tests for admissions into the select programs and schools favored white and Asian students, relegating minority students to inferior classes.
But the Court of Appeals, in a 5-2 decision, disagreed, ruling the lawsuit failed to prove systemic discrimination or intent.
“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 suit said black and Latino students received only 4.5% and 6.6% of admission offers at specialized high schools such as Stuyvesant and Bronx Science, although they composed a combined 70% of all students.
The state Supreme Court had tossed out the case, but the Appellate Division reversed. The Court of Appeals had the final say in favor of the defendants.
But Associate Justice Jenny Rivera issued a withering dissent, saying the plaintiffs had laid out a “stunning indictment” of the New York City public education system and exposed “discriminatory governmental practices.”
A parent group supporting G&T and other merit-based programs applauded the ruling.
“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 (Parent Leaders for Accelerated Curriculum and Education) said Thursday night.
PLACE NYC’s co-president Yiatin Chu said the decision “is a win for parents and students who believe in rewarding hard work and nurturing potential.”
“This ruling sends a clear message that New York will continue to prioritize student achievement and provide opportunities for accelerated learners,” added Chu.
Jean Hahn, a parent of a gifted and talented student who intervened on behalf of the defendants, was elated.
“As a parent defendant, I’m relieved the court has debunked the misconception that gifted programs are racist and recognized gifted students’ valid needs,” Hahn told The Post Thursday night.
“Hopefully this puts an end to the misguided attacks on an issue that should never have been politicized.”
Mamdani has proposed eliminating gifted and talented programs for grades K to 3, sparking backlash from some parents.
Former Mayor Bill de Blasio had scrapped G&T programs in lower elementary school grades on his way out the door in 2021, but the controversial change was reversed by Mayor Eric Adams when he took office.
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