Courts Will Not Intervene in New York Gifted Programs as Adams Seeks Expansion
The judge’s filing gives an implicit rubber stamp to Mayor Adams’s plan to increase New York City’s G&T programs in the coming school year, despite opposition from progressive activists.

While the battle for mayoral control is ongoing, Mayor Adams will face one less obstacle to implementing his education policy agenda.
A New York judge has thrown out a lawsuit that accused the city’s schools of enshrining a “caste system” on the basis of New York’s specialized learning programs — which the mayor has sought to expand.
The lawsuit had sought, among other injunctive relief requests, an elimination of the admissions standards for Gifted and Talented programs and test-based specialized high schools. The screening standards, the suit said, create a “racialized pipeline to elite academic programs” that excludes black and Latino students.
“The petition improperly seeks this Court to make education policy and, therefore, presents a nonjusticiable controversy,” Judge Nervo wrote in the filing.
The dismissal gives an implicit rubber stamp to Mayor Adams’s plan to increase New York City’s G&T programs in the coming school year, despite opposition from progressive activists.
In April, Mr. Adams and his schools chancellor, David Banks, announced a series of reforms intended to “expand … equity and access” to gifted programs for students across the city.
The mayor and the chancellor both noted their concerns about the traditional “demographics” of these programs, but are seeking to address the racial disparities by increasing access points to G&T programs rather than by overhauling the admissions process or the programs themselves — as the previous administration sought to do.
Pre-kindergarteners will be universally “screened for gifted behavior,” and third grade will become an additional entry point for G&T programs.
Earlier this week, the Department of Education announced new G&T programs at more than 50 schools, guaranteeing at least one program in each school district.
“We believe that we will greatly increase the level of diversity in this program,” said Mr. Banks.
The mayor and his chancellor, however, will not be authorized to make any final decisions for the 2022-23 school year unless the state legislature renews the mandate for mayoral control over the city’s public schools.
With just three days left in the legislative session, lawmakers in Albany have yet to reach agreement. The latest proposals, not yet brought to the floor, could diminish the mayor’s majority on New York’s school board.
In that case, while the chancellor and mayor might have the blessing of the state judiciary and legislature to set policy for the city’s schools, they could face opposition from the school board.