Virginia Attorney General Jason Miyares (R) says he is expanding his investigation into delayed high school merit commendations in Fairfax County Public Schools. It’s the latest in a battle over merit, equity, and the definition of discrimination.

Miyares announced last week he was launching an investigation into Thomas Jefferson High School of Science and Technology, one of the most prestigious schools in the county. Miyares said his Office of Civil Rights is investigating whether race played a role in a delay in notifying students of National Merit Commendations, which recognize students with high scores on the PSAT standardized test.

Now, Miyares says he is expanding that investigation to cover the entire school district, following news of commendation delays at two other schools. In a letter to FCPS administrators, Miyares wrote that the “alleged behavior may constitute unlawful discrimination in violation of the Virginia Human Rights Act.”

If the school system purposely did not notify students of their commendations because of their race, Miyares wrote, that would be a violation of the anti-discrimination law. The attorney general has not provided any evidence that race had anything to do with the commendation delay, though he did note that Asian American students were affected at TJ, as they make up about two-thirds of the student body.

According to FCPS, the delay in commendations was due to “human error.” Administrators learned of the delay in December, and notified impacted students and their families. They also emailed and called colleges where those students had applied to notify admissions officers of the commendations. FCPS initiated an independent third party review of the commendation delay, according to a statement.

On Jan. 3, Gov. Glenn Youngkin (R) wrote to Mirayes requesting an investigation into the merit commendations. On Jan. 4, the attorney general held a press conference announcing the investigation. Both men have since appeared on Fox News discussing the issue.

“Virginia is at the forefront of making sure that parents’ rights are being protected and this idea of hard work and achievement will be valued at all our schools,” Youngkin told Tucker Carlson in an appearance on Jan 4.

Youngkin and Miyares have also targeted TJ and FCPS over efforts to make school’s admissions process more equitable and bring in a more diverse student body. These changes included raising the minimum GPA, getting rid of an admissions test, and setting aside spots for applicants who are in the top 1.5% of their middle school. Miyares says he is also investigating whether TJ’s admissions policy is in violation of anti-discrimination law.

The admission policy is also the subject of an ongoing federal lawsuit, which alleges the policy discriminates against Asian American students.