ROCHESTER, N.Y. -- On the week most students are starting school, parents and supporters of charter schools rallied outside the New York Appellate Division of State Supreme Court in Rochester Wednesday morning.

The court is hearing arguments about whether the "Brown vs. New York" case should be thrown out. That case was filed by a group of Western New York parents who claim charter school students receive less state funding than public schoolers. They say on average, charter school students only receive $0.75 on the dollar compared to children in district schools.

"For every one dollar that a Rochester student gets, a charter school student in Rochester should also get a dollar," said Duncan Kirkwood, parent. "A parent shouldn't be punished because they made a choice for what was better for their child. That's what's been going on for years. This court case is our hope and our fight to get that funding inequality removed so that there's no more discrimination in our cities."  

In May 2015, a state Supreme Court Judge dismissed the state's motion to dismiss the case. Wednesday, the court heard arguments from both sides of the state's appeal of that decision.