New York Attorney General Letitia James, along with 14 other attorneys general, has issued guidance to educational institutions regarding diversity, equity, inclusion, and accessibility (DEIA) policies. This move comes in response to concerns from schools following an executive order and a U.S. Department of Education "Dear Colleague" letter that threatened institutions maintaining DEIA programs.
Attorney General James emphasized that neither the executive order nor the DOE letter can alter the legality of DEIA efforts. "The administration cannot ban diversity, equity, inclusion, and accessibility efforts with a ‘Dear Colleague’ letter," she stated. She assured schools they are within their legal rights to continue fostering inclusive learning environments.
The Trump administration's attempts to reinterpret the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA) were addressed in the guidance. The attorneys general clarified that recent communications do not change higher education policies.
The coalition highlighted that while SFFA limits considering race as a “plus” factor in admissions, schools can still diversify applicant pools through recruitment without giving preference based on race. Institutions can target outreach based on various characteristics like academic interests or socioeconomic status.
K-12 schools are encouraged to ensure a supportive climate for all students by complying with anti-discrimination laws and adopting best practices. Steps are also suggested to prepare students from underrepresented backgrounds for college and careers.
Attorneys general from California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, Vermont, and the District of Columbia joined Attorney General James in this initiative.