Lawsuit against NY Education Department to move forward after parents say children were discriminated against

FIRST ON FOX: In a win for Asian parents, a judge has ruled that a federal discrimination suit against the New York State Education Department can move forward after parents claimed that their children were unfairly disadvantaged in participating in a summer academic program.

On Nov. 22, United States District Judge David N. Hurb ruled that the case can move forward — after the Education Commissioner of the State of New York, Betty Rosa, moved to dismiss it, and it was denied.

In a statement to Fox News Digital, Cornell law professor and founder of the Equal Protection Project, William Jacobson, said that his hope is that students who were allegedly discriminated against can be vindicated.

"The State of NY tried to get the case dismissed, asserting that the asian parents did not have legal 'standing' to challenge the discrimination. We are very pleased that the court has rejected that challenge and has permitted the case to move forward," he said. "We look forward to fully vindicating the rights of all students to apply for the STEP program free from discrimination based on race or ethnicity."

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The lawsuit stemmed after the state-funded Science and Technology Entry Program (STEP) application process required White and Asian students to prove that they were low-income to apply, while Black, Hispanic and Native American students could apply regardless of family wealth.

"The NY STEP program discriminates against Asian and White students by setting entry barriers that do not apply to Black, Hispanic, and Native American students," Jacobson said. "Together with the Pacific Legal Foundation, the Equal Protection Project of the Legal Insurrection Foundation has challenged these discriminatory barriers on behalf of the parents of Asian students, seeking the constitutionally guaranteed equal protection of the law."

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According to its website, the STEP program aims to "increase the number of historically underrepresented and economically disadvantaged students prepared to enter college, and improve their participation rate in mathematics, science, technology, health-related fields, and the licensed professions."

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In January 2024, Equal Protection Project and Pacific Legal Foundation brought legal action in U.S. District Court, Northern District of New York on behalf of Yiatin Chu, Chinese American Citizens Alliance (CACAGNY), Inclusive Advocacy Group and Higher with Our Parent Engagement.

The lawsuit sought both declaratory and injunctive relief invalidating the race-based eligibility criteria as unconstitutional and enjoining the State of New York from enforcing it.

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The judge ruled that Betty Rosa, New York's Commissioner of Education, must answer the organizations' complaint by Dec. 6, 2024. Fox News Digital has reached out to the New York State Education Department for comment.