A lawsuit challenging a New York state program designed to boost the educational achievement of underrepresented groups is being allowed to proceed.
United States District Judge David N. Hurb made the ruling on November 22, reports CBS 12, but word of his ruling is just now surfacing.
The suit alleges Black, Hispanic, Native American and Alaskan Native student are eligible to apply but other students must “first prove that their families are economically disadvantaged.”
“In other words, the Hispanic child of a multi-millionaire is eligible to apply to STEP, while an Asian American child whose family earns just above the state’s low-income threshold is not, solely because of her race or ethnicity,” the lawsuit states.
Legal Insurrection reports some 11,000 middle and high school students take part in the program annually.
The plaintiffs in the case are described as a minor child and her mother, along with three non-profit organizations.
The state unsuccessfully argued that none of the plaintiffs had suffered any injury and thus were ineligible to sue.
“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,” said William Jacobson, founder of the Equal Protection Project to Fox News. “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.”
The state of New York did not respond to a request for comment.
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