New York Governor Warned To Fix Race-Based College Program Or Be Taken To Court

Ahsan Jaffri
· 5 min read
New York Governor Warned To Fix Race-Based College Program Or Be Taken To Court

New York officials are facing a legal warning over a state-funded college program that critics claim discriminates against White and Asian students. Two legal advocacy groups say the program’s eligibility rules rely on race and could violate constitutional protections.

The warning targets the Collegiate Science and Technology Entry Program, commonly known as CSTEP. The program provides academic support and financial assistance to certain college students pursuing careers in science, technology, engineering, and health-related fields.

Now, legal groups are urging state leaders to revise the program or risk a court battle.

Legal Groups Send Warning To New York Officials

Two organizations, the Pacific Legal Foundation and the Equal Protection Project, sent a formal demand letter to New York Gov. Kathy Hochul and state Education Department Commissioner Betty A. Rosa.

The letter argues that CSTEP’s eligibility requirements allow race to determine who qualifies for the program. According to the groups, that policy could violate the Equal Protection Clause of the U.S. Constitution.

The demand letter asks state officials to confirm by March 25 whether they will remove race as a factor in determining eligibility.

If changes are not made, the groups warn that further legal action could follow.

Program Designed To Support STEM Students

CSTEP is a grant-funded initiative administered by the New York State Department of Education. The program aims to help students pursue degrees in fields such as science, mathematics, technology, and healthcare.

Under the program, eligible participants may receive financial aid, tutoring services, counseling support, and access to specialized summer courses designed to strengthen academic preparation.

However, state regulations specify that eligibility is limited to students who are economically disadvantaged or considered members of “historically underrepresented” minority groups.

Those groups are defined in state policy as Black, Hispanic, American Indian, or Alaskan Native students.

Critics Say Eligibility Rules Create Discrimination

According to the legal groups, the policy creates unequal standards for students of different racial backgrounds.

They argue that White and Asian applicants must demonstrate economic disadvantage in order to qualify, while certain minority groups may qualify regardless of financial status.

The demand letter argues the program’s structure could conflict with recent Supreme Court rulings involving race-based policies.

“The Supreme Court has made clear that state programs that allocate benefits or opportunities based on race are presumptively unconstitutional,” the groups wrote, citing the 2023 Students for Fair Admissions decision.

Advocates Call For Race-Neutral Admissions

William Jacobson, a Cornell law professor and founder of the Equal Protection Project, strongly criticized the program’s rules.

“It is shameful that the State of New York requires, funds, and defends racially discriminatory programming just because the victims are Asian and White students. This would never be tolerated if the victims were Black or Hispanic.”

Meanwhile, Pacific Legal Foundation attorney Erin Wilcox also called for changes to the program.

“CSTEP should be open to all qualified students, regardless of race.”

She continued with a broader warning about the role of race in public programs.

“Racial discrimination has no place in a publicly-funded program like CSTEP, and NYSED should stop funding CSTEP programs that treat applicants differently based on race or ethnicity.”

“It’s time for Commissioner Rosa and her department to show they’re serious about equal opportunity for all New York students.”

Legal Battle Follows Earlier Challenge

The current dispute comes after a related lawsuit targeting another New York education program.

In 2024, the Pacific Legal Foundation and the Equal Protection Project filed a federal case challenging the Science and Technology Entry Program, known as STEP, which serves high school students.

The lawsuit, titled Chu v. Rosa, was allowed to proceed in federal court after a judge rejected the state’s motion to dismiss the case in late 2024.

Following that lawsuit, state officials issued interim guidance in 2025 advising administrators that eligibility decisions for both STEP and CSTEP should rely on economic disadvantage rather than race or ethnicity.

However, the legal groups claim that some universities may still promote or apply race-based eligibility requirements.

They pointed to language on the University at Albany’s CSTEP webpage stating applicants may qualify as “economically disadvantaged and/or historically underrepresented.”

Universities Respond To Allegations

The University at Albany said the program is currently not accepting applications. Officials also indicated that eligibility guidelines will reflect race-neutral standards when the program resumes.

“As noted on the program website, the program is not currently accepting applications. When the program application window opens, the website will also be updated to reflect that UAlbany’s CSTEP program relies on race-neutral and ethnicity-neutral eligibility criteria.”

Meanwhile, representatives for Gov. Kathy Hochul and the New York State Education Department did not immediately respond to requests for comment.

Debate Over Race And Education Continues

The legal threat highlights the ongoing national debate surrounding race-based policies in education.

Supporters of programs like CSTEP argue they help expand opportunities for historically marginalized students entering STEM fields.

Critics, however, say such programs should rely solely on economic criteria and academic qualifications.

As legal challenges move forward, the outcome could influence how states design education programs intended to support diversity while complying with constitutional protections.