NY Asian parents sue to end STEM bias
Fight vs. low-income rule in state program
Asian parents filed a federal discrimination suit against the New York State Education Department Wednesday — claiming their kids are being unfairly kept out of a STEM summer program in favor of black and Hispanic students.
The state-funded Science and Technology Entry Program (STEP) admits about 11,000 seventhto 12th-grade students a year for classes at 56 participating colleges and medical schools statewide. The precollege program aims to “increase the number of historically underrepresented and economically disadvantaged students prepared to enter college, and improve their participation rate” in math, science, tech and health fields, its website states.
Separate criteria
But while black, Hispanic and Native American students can apply regardless of family wealth, Asian and white schoolkids need to meet certain low-income criteria, the lawsuit filed in upstate New York federal court claims.
“In other words, the Hispanic child of a multimillionaire 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 filing states.
The allegedly biased admissions criteria have been in place for nearly four decades, the suit claims, adding: “Thirtynine years of discrimination is enough.”
Plaintiffs include New York City-based Yiatin Chu of the Asian Wave Alliance, who said she was stunned when she first heard of STEP’s policy a few weeks ago and decided to join the suit, which also names state Education Commissioner Betty Rosa as a defendant.
“This is outright discrimination against Asian American students pursuing the STEM [Science, Technology, Engineering and Math education] field,” said Chiu, an advocate for merit-based admissions at the city’s specialized high schools.
“The program should be for all students or for lowincome students. The state is choosing which race is eligible,” she told The Post.
Other plaintiffs include the Chinese American Citizens Alliance of Greater New York, Inclusive Education Advocacy Group and Higher with Our Parent Engagement.
Attorneys from both the Pacific Legal Foundation and the anti-affirmative action group Equal Protection Project of the Legal Insurrection Foundation are representing them in the case.
The EPP has filed other lawsuits and civil rights complaints with the US Education Department against New York colleges for allegedly promoting discriminatory racial-preference admission policies for academic programs.
“The time has come to correct and end discrimination against students throughout the state,” said EPP’s president and director William Jacobson, a Cornell Law professor.
“The Equal Protection Project is proud to team up with Pacific Legal to challenge discriminatory standards in the STEP program so that students do not miss out on educational opportunities because of their skin color or ethnicity,” he said.
Legislative legacy
In 1985, New York lawmakers passed legislation aimed at boosting interest in science, technology, and health care among low-income and underrepresented minority students — resulting in the creation of STEP, which earmarked public funds to 56 colleges, universities and medical schools statewide to instruct younger students.
Colleges host and operate STEP initiatives for seventh- to 12th-grade students that include instruction, exam prep, hands-on and research training, college admissions guidance and career-focused activities such as field trips and college visits.
But racial-preference programs — aimed at correcting historic injustices or underrepresentation of African Americans and other minorities — have come under the microscope after the US Supreme Court last year struck down college affirmative action programs aimed at boosting minority representation as discriminatory.
“If the government wants to fund educational opportunities for children in need, it can do so. What it can’t do is use economic need as a way to treat applicants differently based on their race,” the Pacific Legal Foundation said in a statement.
“STEP’s expressly raceconscious application process blatantly violates the Constitution’s equal-protection guarantee.”
The state Education Department had no immediate comment.