After a parents of a rejected student filed a class action lawsuit, the Department of Education asked a federal judge to overturn a 1974 ruling that set in place quotas to keep the school 40% minority and 60% white. The DOE wants the court to overturn the ruling immediately so the 2008-2009 will be quota-free.

Last June, 11-year-old Nikita Rau was denied a place at Coney Island magnet school, Mark Twain School - IS 239. The 1974 ruling was to keep the school desegregated, but now the school is very sought-after. Minorities must score at least 84.4 on a placement test and whites only need a score of 79.

Rau, who is South Asian, scored a 79 and was rejected. Her father told the NY Post, "This country believes in racial equality, and we should not face this in America. I think it's morally wrong! She's American born, and she's a U.S. citizen, and [her parents] are both U.S. citizens, but that doesn't count." Schools Chancellor Joel Klein even agreed the quotas weren't necessary, but did nothing. Therefore, the Raus filed a lawsuit after the Supreme Court ruled racial quotas cannot be used in public schools in Kentucky and Washington.

Now knowing that the DOE wants to overturn the order, Rau's father told the Times, "If they had done this right away, my daughter would already be in Mark Twain.” His daughter is at Bay Academy, another school for the gifted students but less competitive than Mark Twain.