Attorney General Peter F. Neronha and Rhode Island Department of Education Commissioner Angélica Infante-Green have issued guidance to school officials on the rights of LGBTQ+ students and the continuation of diversity programs. This guidance comes amid questions raised by recent executive actions concerning support for LGBTQ+ students and diversity initiatives in schools.
The guidance aims to help schools protect student rights and maintain inclusive environments while litigation regarding these executive actions is ongoing. It advises that no changes should be made to current practices until the legal effects of these actions are resolved, as any alterations could violate existing laws.
Attorney General Neronha stated, "As the new Administration continues to prioritize chaos, confusion, and fear over the American people, it is important for responsible leaders at every level of government to provide clarity to their constituents whenever possible." He emphasized that federal funding should not be contingent on reversing policies designed to create safe learning environments.
Commissioner Infante-Green added, "Educators have a moral and legal duty to ensure all students can learn and thrive in school environments that support and empower them." She noted that unclear federal directives have caused concern among schools seeking state guidance.
The Trump Administration's Executive Order on gender identity does not compel state or local officials into action. Local education agencies are advised against responding unless its legality is confirmed by courts or Congress. The United States District Court for the District of Rhode Island has affirmed that federal funding cannot be unilaterally suspended based on policies regarding LGBTQ+ student rights.
Rhode Island regulations require local education agencies to provide a non-discriminatory environment for transgender and gender non-conforming students, consistent with best practices. These regulations also empower the Commissioner of Education to enforce anti-discrimination laws in schools.
Executive orders from the Trump Administration threaten diversity initiatives but conflict with court precedents and may be unconstitutional. Courts have blocked attempts to withhold funding from organizations with such programs.
Diversity policies adopted by Rhode Island's Council on Elementary and Secondary Education align with state and federal law. Educators are encouraged to continue promoting diversity goals unless directed otherwise.
The Office of the Attorney General and RIDE will collaborate with public schools and law enforcement partners to uphold these principles for a safe educational environment. Questions about this guidance can be directed to guidance@riag.ri.gov.