New York Attorney General Letitia James spearheaded a coalition of 14 state attorneys general to issue a crucial legal guidance supporting diversity, equity, inclusion, and accessibility (DEIA) initiatives in schools. This move comes as a direct response to recent concerns from educational institutions triggered by an executive order and a “Dear Colleague” letter from the US Department of Education (DOE). Both documents had raised doubts about the legality of continuing DEIA programs in schools and universities.
The coalition’s guidance reassures K-12 schools, colleges, and universities that they can continue their efforts to create inclusive learning environments without the fear of legal repercussions. The letter specifically emphasizes that executive orders or DOE letters cannot alter the law, as they have no authority to make or change legal principles.
Guidance clarifies legal rights of schools
The joint statement from AG James and the 13 other attorneys general highlights that schools are within their legal rights to implement DEIA policies, even in the face of federal pushback. “The administration cannot ban diversity, equity, inclusion, and accessibility efforts with a ‘Dear Colleague’ letter,” said James. “Schools and educational institutions can rest assured that they are well within their legal rights to continue building inclusive learning environments for their students.”
The coalition pointed out that although the US Supreme Court’s ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) limited how race can be considered in college admissions, schools can still engage in diversity-building efforts through recruitment and outreach. The guidance emphasized that while schools cannot give racial preference in admissions, they can still work to ensure diverse student bodies through targeted outreach efforts that consider factors such as academic interests, geographic location, and socioeconomic status.
Support for K-12 schools and universities
The attorneys general also extended their guidance to K-12 schools, urging them to maintain environments where all students feel safe, supported, and respected. They advised school leaders to review current practices to ensure compliance with anti-discrimination laws, and to adopt policies that meet the diverse needs of their communities.
Joining AG James in this initiative were the attorneys general of California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, Vermont, and the District of Columbia. Together, they have reaffirmed the legal right of schools to pursue policies that foster diversity, equity, and inclusion across educational settings.
