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NY's Excelsior Scholarship Faces Legal Challenge Over Discrimination Claims

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  Published in Science and Technology on Monday, March 16th 2026 at 1:48 GMT by Fox News
      Locales: New York, UNITED STATES

Albany, NY - March 16, 2026 - A major legal challenge has been launched against New York State's flagship tuition-free college program, the Excelsior Scholarship, alleging that its application of selection criteria violates the Equal Protection Clause of the Fourteenth Amendment. The lawsuit, filed Friday by the Empire Center for Public Policy, a conservative think tank, contends the program illegally prioritizes applicants based on both race and income, effectively creating a discriminatory system.

Named as defendants are Governor Kathy Hochul and the state's Higher Education Services Corporation (HESC), the agency responsible for administering the scholarship. The Empire Center is seeking a declaratory judgment declaring the program unlawful and an injunction to halt its discriminatory practices.

The Excelsior Scholarship, launched in 2017, aimed to make higher education more accessible to New York residents by covering tuition at state universities and colleges for families earning under a certain income threshold. Successful applicants also commit to residing and working in New York State for a period following graduation, intending to bolster the state's workforce and economy. While lauded by proponents as a vital step toward equitable access to education, the program has faced scrutiny since its inception regarding its eligibility requirements and implementation.

The core of the Empire Center's argument centers on the program's definition of "disadvantage." The lawsuit asserts that the criteria used to determine disadvantage - specifically factors relating to race and income - are then used to give preferential treatment to certain applicants. This, the lawsuit claims, directly contravenes the Equal Protection Clause, which prohibits governmental discrimination based on race and socioeconomic status.

"The program's criteria for determining 'disadvantage' include race and income, and applicants are given preference based on these characteristics," the lawsuit details. "This violates the Equal Protection Clause, which prohibits government discrimination based on race and income."

This lawsuit isn't a sudden development. The Empire Center had previously alerted Governor Hochul to its concerns, sending a formal letter in October 2025 outlining the legal issues and urging a revision of the program's selection process. To date, the Governor's office has not issued a public response to the letter or the now-filed lawsuit. This lack of communication is likely to fuel further debate and scrutiny of the program.

The timing of this legal challenge is particularly significant given the recent Supreme Court decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (and a related case against the University of North Carolina). In June 2023, the Supreme Court effectively ended affirmative action in college admissions, ruling that race-conscious admissions policies violate the Equal Protection Clause. This ruling has sent shockwaves through higher education and prompted a nationwide reassessment of diversity, equity, and inclusion initiatives.

The Excelsior Scholarship case now enters a complex legal landscape. The precedent set by the Supreme Court's affirmative action decision will almost certainly be central to the arguments presented by both sides. The Empire Center will likely argue that any consideration of race, even as a factor in determining "disadvantage," is impermissible under the current legal framework.

Legal experts predict a protracted legal battle. The state will likely argue that the program's intention is not to discriminate but to address historical inequities and promote access to education for historically underserved communities. They may attempt to distinguish the Excelsior Scholarship from the affirmative action policies struck down by the Supreme Court, claiming it is designed to alleviate socioeconomic hardship rather than explicitly consider race.

The outcome of this lawsuit could have far-reaching implications. If the Empire Center prevails, it could force New York State to overhaul the Excelsior Scholarship program, potentially eliminating any consideration of race or income in the selection process. This could significantly alter the program's impact, potentially reducing access to tuition-free college for many students. Conversely, a victory for the state would affirm the legality of programs designed to address systemic inequalities, albeit within the bounds of the Equal Protection Clause. The case is sure to draw national attention as states grapple with balancing the principles of equal opportunity and diversity in higher education.

It also opens the door to challenges to similar programs across the country, adding fuel to an already heated debate about equity and access in education.