From the perspective of that child and his or her parents, they are being discriminated against because of the color of their skin. This was part of the context of the recent U.S. Supreme Court cases.
Why is the Louisville case so important? Why should we, as Jews, care about its outcome, especially if our children may not even attend public schools? Is affirmative action even relevant in 2006, in our schools, in our world? What are the benefits of diversity in education anyway?