live. we ask experts questions every day at 3:00. among the vaccinated. dr. lou patel will be joining us. a stunning court decision today synthesize a controversial new missions policy by lottery at san francisco's high achieving goal high school. school districts wrestle with how to improve access and outcomes for all students. joining us to discuss the ruling and what it means is order

tomorrow -- gordon mara on the right and former dean of usf lot john trivino -- usf law john trivino in the middle. san francisco superior court ethan shulman rolled today on the lowell alumni association and the asian american legal association, ruling that the boards decision to go with law w -- lottery violated the law. what does that mean? >> judge sean mcvay very -- made very clear that under our constitution, public agencies have to do work in public not in secret. he found the board violated this important principle. and said, you cannot change an admissions policy and not tell

people what you will do. that is what occurred last year when the board abruptly changed the law -- loud -- and long -- lowell admission policy to make it where you get based -- get in based on your lottery number. that position is unfounded under the law. the court correctly said that the school cannot do that. so, the court rescinded that policy. >> what does that mean for the next school year? i assume the admissions process is happening now. >> the admissions process is happening now. it's great parents and eighth-graders are wondering what they can do -- eighth grade parents and eighth-graders are wondering what they can do to apply to lowell. we encourage students to come see the school and get to know it but it is up to the school district to implement the order. the judge took away the authority to have a lottery under today's ruling. >> supervisor mara what is your

reaction to the ruling today? >> kristin, has a current lowell parent -- as a current lowell parent and a supervisor that rackham -- represents a majority asian american district, i am looking at today's court decision as the latest example of major missteps and blunders by our board of education. this is the second lawsuit the district has lost based on big important issues. when procedural blunders are made, when the process is rushed , when shortcuts are taken, it does a disservice to students and families asking to be heard around real issues. the lawsuit was avoidable. the distraction and further controversy has been avoidable.

i did want to say that there are critical concerns that global students in fact national -- lowell students and families have raised over a lack of diversity and a culture that fails to recognize sexual harassment and violence. my daughter participated in a walkout to call on the administration to revisit cases. the black student union at lowell have -- pointedly explained their situations over and over. so, there are very real issues that need to be addressed. lowell has been a big success and pride of our city. but there are issues around racial into 70, sexual harassment -- racial inclusivity sexual harassment and violence. the school board's actions have unfortunately been a setback in addressing these issues in a meaningful way. >> i think most would agree it

is a terrible thing when students have to deal with sexual harassment and do not feel properly heard and when racist incidents materialize. i wonder if you to share or have different opinions on whether goals -- lowell's previous admissions process or the current makeup of the school contributed to those issues being greater than at other schools. john, i will start with you. >> the concerns about equity, racial justice, they exist through our city and through the country. now, the district, what we do see is a consistent failure by our school district to support black and latino students from pre-k to grade eight. citywide, the school districtstr 62% of eighth graders who graduated were ready for ninth grade. that is an abysmal number. strengthening those programs k-8

would make a tremendous difference, not only for king to want to go to lowell -- kids who want to go to lowell but to a high school sunny san francisco. we have seen 10% of the students leave, going to 54,000 in 49,000 in enrollment. people are walking away to other schools. that is an indictment on the entire district philosophy. we need better education for all kids. when that happens, then, we will have an academic high school more reflective of san francisco. >> supervisor mara, do you agree with that? >> i do. i agree that molds -- criteria should be evaluated on modifications considered, but this needs to be part of a broader inclusive process towards goals of increasing -- increasing racial and socioeconomic diversity and

expanding academic resources and opportunities currently concentrated at a law to all -- at all -- lowell to all high schools. i hope the district take this as a wake-up call. >> you talked about amending the process, possibly. i want to drill into this a little bit. mold -- lowell is not the the te one. we have magnet schools through the country considering policies with an emphasis on diversity and equity first and foremost. can those principles coexist with a merit-based admissions process? how do you think that might work, john? >> absolutely. look >> at other schools faced with covid, not being able to have traditional academic policies. in virginia, in boston, they have brought civil rights groups to the table. they brought parents to the table. they brought educational data to

say, how can we do better moving forward? those are things the school district do not do whatsoever. that is what we are looking for. an open policy talking and bringing people together rather than being devices. -- divisive. certainly, strengthening programs at various middle schools in earlier in order to prepare students well for lowell at all the other schools they would go to. >> what would you like to see the board do when it moves forward on this? they could have the power to make lottery policy again. they would need to do it properly. what is doing it properly mean? >> yes, kristin, i would urge the school board to really learn from their mistakes they have made in the past year and pursue their what may be worthy goals,

increasing diversity and equity at lowell high school in a more thoughtful inclusive way and, as john said, we should really be bringing communities together to rise to the challenge of addressing the history of racism and exclusion and disenfranchisement that have shut out so many. shutting people out of that process will not correct injustice. >> how does this coincide with the timing of the recall election, february 15? three board members are facing losing their positions. john, do you know how that will play out? >> well, if it is -- it fits a pattern of the school board members not following the law on the brown act, not listening to parents. we do not know how the school board will react, but, we know that the judge said today that there is no lottery law left for the san francisco school district. so encourage it grade initiates great parents to call the school board and let them know they

want to apply to lowell and have academic admissions in place. >> this year's freshman class was admitted by lottery. how did that change the enrollment figures for the different racial groups? could you look at that and say it was successful or not the spoke? are there other metrics? -- or not successful? are there other metrics? we have data on how well they are doing in the classroom? -- we -- do we have to data have data on how well they are doing in the classroom? >> it is to get have data from the fall semester that did show an increase of students of color at lowell. that is a positive sign. i certainly notice it when i am dropping my daughter off or picking her up this year. again, there is a need to rea ra , for the district to create a

more inclusive and transparent process look at how we can really achieve the important goals of racial and socioeconomic diversity at low wall -- lowell and create a welcoming and supportive school environment and culture for students of color and also for girls and female students. >> ultimately it seems everyone is supportive of those calls, perhaps different visions of how to achieve those. this ruling doesn't leave that conversation open for debate. the board will have to take into consideration as they consider their next move. thank you for talking with us today. we could do a whole half-hour show. there are so many more elements to discuss. but my colleague deanne melendez will have more talking to all sides today at 5:00 and 6:00. we invite you to watch that. thank you both. >> thank you for having us. >> next, the latest covid

headlines

boosters for all adults soon. it could be coming at a good time. several states and seeing jumps in cases and hospitalizations. joining us to answer covid questions from boosters to waning immunity to save thanksgivings is abc 7 special correspondent dr. patel. thank you for joining us. >> >> think of having me, kristin -- thank you for having become, kristin. >> bespectacled, you look right. -- great. >> it is not a common occurrence. >> i am glad you have them on because you need to look closely at our two truths and ally.

this is where dr. -- and a lie. this is where dr. patel asks us a question and we pick out the light. today's headlines. >> kristin is so good at this game we have to try to switch it up and make it harder. tell me, which of these is not true. hey, arkansas, colorado, are ara new mexico, and west virginia are committed boosted for all ahead of the fda or a 3000 person trial for the fighter antiviral pill showed a 89% decrease in hospitalization and death or more than 100,000 people died of drug overdoses between april 2020 and april 2020 one. which is not true? -- 2021. which is not true? >> folks, i need your help. which is false. i think a is true because i remember taking notes of some of the states thinking, oh, ok.

i think a is true. and, i know that be, -- pfizer antiviral pill did show a significant decrease in hospitalization and death but i am not sure if the 89% or 3000% trial is the right number. i know we have had a lot of drug overdoses in -- and a sounds right. that is tragic. so, i will lean see as true as well. i will go with be. -- b. the facebook responses evenly divided between a, b, and c. let's say b is a lie. >> it is. something tells me kristin did really well on the sats. b is the light. yes, the pfizer antiviral pill

was 89% effective but it was in less than 1000 people not 3000. a is true and updating as we speak now. i wrote this question earlier. kansas, kentucky, maine, vermont, utah, massachusetts have all announced they want to broaden access to boosters for all people above 18. so when the fda meets about it, they are supposed to give us a recommendation anytime now. c is tragic and heartbreaking and infuriating. 100,000 people have died in the past year. that is a record in the u.s.. the majority were driven by synthetic opioids including fentanyl. the reason i want to bring this up is anyone can tell you mental illness and substance abuse and everything associated in the horrific web has only been amplified during the pandemic. i am hoping we can finally move past awareness to intervention once we get out of here. >> thank you.

dr. fauci today said hospitalizations are up for the vaccinated. that got my attention. is that on boosted people? -- >> i do believe that. the immunity that has been given from the vaccine is waning overtime. there are a you important things to flesh out here. -- a few important things to flesh out here. evidences on a state-by-state level. we are seeing breakthrough cases above 65. that might be those who are immuno compromised or have underlying conditions. also, the vaccines were never 100% effective against patching covid. they are incredibly effective against preventing severe illness, hospitalization, or death. that has not changed. it is important for the cdc to update these numbers so we get a sense of what the demographics look like.

this data has not been updated since august 28. back then, 99% of covid as -- deaths were those unvaccinated and 95% to 97% of hospitalizations were unvaccinated. so, we want more data. we want to see demographics. >> more data would certainly help. even without that now, the cdc will probably be by tomorrow it's -- approving the expansion of eligibility. doctors have different opinions on who really needs a booster. our colleague dr. monica gandhi does not think we are seeing -- what we are seeing supports healthy adults needing to get a booster. what is your personal view? >> my personal view tends to side with dr. gandhi. because, i would like to see the data, for example. before make an informed decision and before i take off my journalism hat and go to the physician at that's the

physician hat -- the physician hat, i want to see data. i want to see cases in young healthy adults with no underlying conditions. on the corollary, if we look at data from israel and the fact that this may turn out to be a three series vaccine, like so many vaccines of childhood, polio, hepatitis, 70 vac kids get -- so many vaccines kids get, there is an argument. that robust response might carry us for a much longer time. as for now, i think it is an individual decision. for anyone who feels like they may need one. because, they are around someone who has high risk or they work in a high-risk environment. it is appropriate for them to go get one. >> don't go away. we have another round of two truths and a lie.

we are back with abc 7 news special correspondent.

before the next round of two truths and ally, can you answer ken's question? i had a breakthrough case in september, pfizer, two shots, how long should i wait to get to booster? >> there is no actual guideline for say on how long you have to wait after having the breakthrough infection. this is a very common question. the answer stems down to, did you have a positive test or did somebody develop symptomatic covid? i have colleagues that recommend their patients wait a few weeks if they had symptomatic covid. but if you just tested positive, you can go get your booster. but i would consult your health care provider about the specific situation. in general, go get your booster. especially if it was a month ago. >> is to two truths and a lie. dr. patel will let us know the latest information, studies, and headlines. let's go. >> we will make us one more random. tell me which is not true.

the fbi is offering a $20,000 reward in search for a couple who stole covid-19 release funds. or, disney cruises will require vaccination for guests 12 and older starting january. or, some reported incentives for kids to get vaccinated are prepaid debit cards, grocery cart -- grocery store gift cards, and sports tickets. which is not true. >> you made it difficult this time. >> and hopefully, more fun and intriguing. >> facebook viewers, i am looking to you. because to me, these all seem true. i think i heard something about a couple stealing relief funds and disney cruises, i remember requiring vaccination and i have definitely heard of kids getting tempted, enticed with things like prepaid debit cards and gift certificates get vaccinated. but, i will go with b being the

lie, because, maybe it is not 12 plus. maybe it is not january. before i commit, let us see what our view or say. ok. we have a bunch of a's. a few bees --bs. i will save dese -- say lie. >> that is a lie. disney announced the vaccine mandate for kids five and up. more companies are coming out and saying we have to protect people coming here. we do not want transmission or outbreaks, especially on cruise ships. this is also a cruiseship that comes out of florida. so, if this is to happen in january, hopefully, they are among the 10% who have already gotten one shot right now. a is true. the fbi reported $20,000 as of this morning. this is a horrifying and sad and i am not surprised if there are

more cases of fraud out there of covid really funds intended for families or companies that actually need them. as a pediatrician, i don't think a lot of kids need the incentives. kids are motivated to go get the shot and get their lives back. >> ok. we have one minute left. focus on how to avoid a thanksgiving infection. give us some ideas to consider if we are traveling or is -- if we are welcoming people form -- from out of town. >> some of the things i say are the same as a year ago. when we are traveling, always pay attention to where you are traveling from, including your community transmission rates, back nation rates, level of exposure and where you are going and what the rate like there as well. sing about your mode of travel. is it a busy airport? are you driving? if you have been exposed and are

going to see family members, may be elderly, maybe high-risk, maybe youngkin -- young kids, it made me -- might be a good idea to grab a rapid antigen test. that will give you peace of mind. one of the most important things is to have an open conversation with your family, your guests, anybody coming to the holiday dinner. major people are on the same page. hopefully there is not a lot of debate. because you know, uncle jim did not want to get vaccinated and aunt mary is yelling at him. i am hearing a lot about families that are divided now over the holidays because some chose to get vaccinated and others do not. i think that conversation and tests is important. but, if you have all gotten vaccinated, have a great holiday hey, i just got a text from my sister. you remember rick, her neighbor? sure, he's the 76-year-old guy who still runs marathons, right? sadly, not anymore. -what, you mean-- -mhm.

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tonight, several major headlines. the unexpected move from the defense in the ahmaud arbery case. also, we're expecting word at any time on boosters for all adults. and the thanksgiving week storm now coming into clearer focus. first, the arbery case, the prosecution today grilling travis mcmichael, who shot and killed arbery. mcmichael acknowledging arbery was unarmed and never verbally threatened him, telling the court, quote, he was just running. tonight, the fda panel expected to green light boosters for adults 18 and older in the coming hours. massachusetts and utah now among at least 14 states moving ahead with those boosters even before the fda, given what they're seeing. with tens of millions set to travel thanksgiving week, tonight, we're tracking the system that could not deler