On April 23, Yi Fang Chen, a Chinese-American parent represented by the Pacific Legal Foundation, filed a federal lawsuit against the New York City government and Department of Education. They are challenging the city’s expanded enrollment policy for the Specialized High School “Discovery Program,” alleging that it discriminates against Asian students by effectively limiting their opportunities for admission.
The lawsuit points out that in 2018, then-Mayor Bill de Blasio pushed to expand the “Discovery Program” by requiring certain top specialized high schools to allocate approximately 20% of seats to students who did not meet the admission test (SHSAT) standards but met specific criteria. Critics argue that this move effectively bypasses the “Holistic Admissions” principle established by the Hecht-Calandra Act and unfairly impacts Asian students.
Yi Fang Chen’s son scored close to the admission line for Stuyvesant High School on the SHSAT exam. The lawsuit claims that without the expanded enrollment of the “Discovery Program” occupying some spots, he would have had a chance at admission. Chen accuses the policy of being discriminatory and seeks to have the court overturn the practice.
This case shares a similar background with a collective lawsuit filed in 2018 by the Chinese American Citizens Alliance of Greater New York (CACAGNY). The case (CACAGNY v. City Government) also questions the expansion of the “Discovery Program” involving racial discrimination and has been undergoing legal proceedings for several years in federal court. While the two cases differ in legal arguments, it is widely believed that a breakthrough in one case may have a cascading impact on the other.
CACAGNY issued a statement yesterday expressing full support for Yi Fang Chen’s renewed lawsuit and criticizing the slow progress of the Southern District of New York Federal Court, leading to a delay of over seven years in the case. The organization pointed out that during this time, hundreds of Asian students may have missed opportunities to enter specialized high schools due to the related policies.
It is worth noting that Yi Fang Chen was one of the plaintiffs in the 2018 CACAGNY lawsuit, but her son was excluded from the list of plaintiffs at the time due to his young age and lack of direct interest. Now, her son is of school age, yet he is unable to attend the desired school due to the policy questioned in the past, highlighting the real impact of the prolonged delay in the case.