The lawsuit against the NY Education Department will proceed after parents allege discrimination against their children.

A judge has ruled in favor of Asian parents in a federal discrimination lawsuit against the New York State Education Department, allowing the suit to proceed after parents alleged their children were unfairly disadvantaged in a summer academic program.

On Nov. 22, United States District Judge David N. Hurb denied the Education Commissioner of the State of New York, Betty Rosa's, motion to dismiss the case, allowing it to proceed.

William Jacobson, founder of the Equal Protection Project and a Cornell law professor, expressed his hope that students who were allegedly discriminated against can be vindicated in a statement to Planet Chronicle Digital.

"The court has rejected the challenge made by the State of NY that the Asian parents lacked legal standing to challenge discrimination in the STEP program. We are pleased and look forward to fully vindicating the rights of all students to apply for the program without discrimination based on race or ethnicity."

The lawsuit arose due to the STEP application process, which demanded White and Asian students to demonstrate their low-income status in order to apply, while Black, Hispanic, and Native American students were exempt from this requirement based on their ethnicity.

"Jacobson stated that the NY STEP program unfairly targets Asian and White students with entry barriers that do not affect Black, Hispanic, and Native American students. In collaboration with the Pacific Legal Foundation and the Equal Protection Project of the Legal Insurrection Foundation, they have filed a legal challenge against these discriminatory barriers on behalf of the parents of Asian students, seeking equal protection under the law."

READ THE ORDER – APP USERS CLICK HERE:

The STEP program aims to boost the number of historically underrepresented and economically disadvantaged students who are ready to attend college and enhance their participation in mathematics, science, technology, health-related fields, and licensed professions, as stated on its website.

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

The lawsuit sought to declare the race-based eligibility criteria unconstitutional and to prevent the State of New York from enforcing it.

The New York State Education Department has been ordered by the judge to respond to the complaint filed by organizations by December 6, 2024. Planet Chronicle Digital has contacted the department for comment.