ST. LOUIS (AP) — A federal judge has dismissed a lawsuit brought by a woman who wanted to keep her son in a St. Louis charter school after she moved.

La’Shieka White sued the Voluntary Interdistrict Choice Corporation in May claiming her son was unable to keep attending the Gateway Science Academy because of his race and because the family moved out of St. Louis to the Pattonville school district.

The St. Louis Post-Dispatch reported White claimed if her son were “non black” he could have participated in a race-based transfer program for St. Louis County students who want to transfer to city schools.

U.S. District Judge Ronnie White on Friday dismissed the case, saying in part the mother lacked standing because her son had not asked for a waiver to attend Gateway.