California Attorney General Rob Bonta, alongside a multistate coalition, has issued guidance to educational institutions following the U.S. Supreme Court's decision on race-conscious admissions policies. This guidance addresses concerns from schools regarding the U.S. Department of Education's Dear Colleague letter, which targets diversity, equity, inclusion, and accessibility policies.
Attorney General Bonta stated that efforts to support diverse and inclusive environments in schools are legal and cannot be prohibited by a Dear Colleague Letter. "By bringing diverse perspectives to their campuses, schools foster a culture of learning, debate, and growth that benefits their students for the rest of their lives," said Bonta. He emphasized that every person deserves equal access to public education regardless of their background.
The guidance encourages educational institutions to continue fostering diversity across various dimensions such as geography, socioeconomic status, race, sexual orientation, and gender identity. It clarifies that nothing in the Dear Colleague letter alters existing laws or principles that promote educational opportunities for all backgrounds.
According to the Supreme Court's decision in Students for Fair Admissions v. Harvard, it is not unlawful for schools to consider race in operations and programming or implement race-neutral policies to increase diversity. The President cannot change longstanding legal precedent through executive orders or a Dear Colleague letter.
Previously, Attorney General Bonta provided guidance on diversity policies' importance in creating compliant workplaces. He remains committed to ensuring California schools are welcoming and safe for all students. Last month, he addressed an executive order targeting transgender and nonbinary students by affirming federal and state protections against discrimination.
Attorney General Bonta collaborated with attorneys general from Massachusetts, New York, Illinois, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Minnesota, New Jersey, Nevada, Oregon, Rhode Island and Vermont on this initiative.
A copy of the guidance is available online.