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New York Attorney General Letitia James and a coalition of 14 other attorneys general issued new guidance to K-12 schools and higher education institutions Wednesday in a bid to counter efforts by the federal government to eliminate education policies promoting diversity, equity, and inclusion.
The guidance followed threats from the U.S. Department of Education in a Feb. 14 “Dear Colleague” letter to withhold federal funding from schools that engage in a wide range of practices related to diversity, equity, and inclusion, or DEI.
James led the coalition, which also included Illinois Attorney General Kwame Raoul and New Jersey Attorney General Matt Platkin.
“The administration cannot ban diversity, equity, inclusion, and accessibility efforts with a ‘Dear Colleague’ letter,” James said in a statement. “Schools and educational institutions can rest assured that they are well within their legal rights to continue building inclusive learning environments for their students.”
President Donald Trump’s administration has repeatedly attacked DEI practices in and out of schools — with Trump blaming without any evidence such programs for a fatal plane crash earlier this year. The federal Education Department’s Dear Colleague letter, citing a 2023 U.S. Supreme Court decision that banned race-conscious admissions policies in higher education, gave schools until the end of the month to end all practices related to DEI or risk losing federal funding.
The letter created shockwaves in school districts across the country. In New York City, for instance, a previously scheduled City Council hearing on segregation in public schools was indefinitely postponed because of it.
Last week, the federal Education Department released an FAQ responding to questions raised by the Dear Colleague letter. Though it struck a softer tone, the FAQ warned school districts that a wide range of common practices related to diversity, equity, and inclusion could be illegal — adding that cases would be decided based on the facts on the ground. Federal officials may also investigate schools for “discriminatory intent,” according to the FAQ.
The Dear Colleague letter has already faced multiple lawsuits from educators and civil rights groups, who have argued the letter is overly broad and fails to justify its interpretation of the law.
James and the other attorneys general assured schools that efforts to seek and support diverse, equitable, inclusive, and accessible educational experiences “cannot be rendered illegal by an executive order or a letter from DOE — neither of which can make or change the law.”
The states’ guidance contended that the federal government had misconstrued Supreme Court precedent and wrongly implied that practices promoting diversity, equity, inclusion, and accessibility may be illegal. It emphasized that the federal guidance did not change existing law, adding the attorney generals sought to mitigate fear sparked by the Dear Colleague letter.
The guidance from the attorneys general urged K-12 schools to continue efforts seeking to ensure all students are prepared for college and careers after high school, including students from historically underrepresented backgrounds.
“In some circumstances, this may mean taking targeted action so that students from underserved communities, including communities of color, are aware of, have access to, and participate in these courses and programs,” the guidance stated. “Schools should be confident that these vital programs and practices remain lawful.”
Institutions of higher education can also continue to use holistic admissions practices that consider factors like “cultural competencies, income level, first generation to attend college, neighborhood or community circumstances, disadvantages overcome, and the impact of an applicant’s particular experiences on their academic achievement and on the perspectives they would bring to the school environment,” according to the guidance.
The attorneys general noted schools have a responsibility under the law to develop and implement plans to protect students vulnerable to bullying or harassment on the basis of race, gender identity, sexual orientation, and other factors.
In their guidance, James and the other attorneys general said that fears over the Dear Colleague letter or loss of federal funding were “not a justification to impose or reimpose discriminatory practices.”
“The Attorneys General remind all educational institutions that they must themselves abide by the nation’s civil rights laws, whatever changes they may make to their programming and policies,” the guidance stated. “The Attorneys General stand ready to enforce their States’ robust civil rights protections — which in many cases exceed federal civil rights protections — wherever discrimination may be found.”
Julian Shen-Berro is a reporter covering New York City. Contact him at jshen-berro@chalkbeat.org.
