The U.S. Department of Education’s Office for Civil Rights will be investigating complaints brought forth by two New York school districts that say the state’s funding structure for public schools discriminates against districts with high concentrations of people of color, students whose first language is not English, and students with disabilities.

According to a press release from the Schenectady City School District, this will be the first time the OCR considers a complaint of this kind from a school district.

The complaints were originally brought forth almost a year ago by the superintendents of Middletown City School District and Schenectady City School District.

The OCR first responded that they could not go forward with an investigation because it did not have jurisdiction over some of the parties involved in the complaint. The complaint is against New York state, the state legislature, Governor Andrew Cuomo, Comptroller Tom DiNapoli, the state Board of Regents and the state Education Department.

Now, the investigation will move forward, focusing on the Board of Regents and the Education Department, since the OCR has jurisdiction in those areas.

In the press release, both superintendents said that while this investigation is a good step forward, they’re disappointed in the “lack of response from elected leaders” in New York over what they say is a racial disparity.