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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.

"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."

Students take part in a summer math boot camp on Thursday, Aug. 1, 2023 at George Mason University in Fairfax. Va.  (AP Photo/Kevin Wolf)

"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."

READ THE ORDER – APP USERS CLICK HERE:

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. (REUTERS)

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.