Attorney General Kwame Raoul, along with Massachusetts Attorney General Andrea Campbell and New York Attorney General Letitia James, has spearheaded a coalition of 15 attorneys general to release guidance aimed at assisting K-12 schools, colleges, and universities in understanding the legal framework surrounding diversity, equity, inclusion, and accessibility (DEIA) initiatives.
This guidance addresses concerns stemming from a Trump administration executive order and subsequent U.S. Department of Education communications that targeted DEIA policies in educational institutions. The coalition's document emphasizes that these efforts remain lawful and are supported by longstanding legal precedents that cannot be altered by executive orders or departmental letters.
"Diversity, equity, inclusion and accessibility initiatives do more than prevent discrimination – they promote respect, understanding and the celebration of diverse perspectives," stated Raoul. He reaffirmed his commitment to enforcing civil rights laws to protect against discriminatory practices.
The multistate guidance also responds to attempts by opponents of diversity initiatives to broaden the scope of the U.S. Supreme Court’s decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA). It clarifies that recent federal actions do not alter existing laws regarding higher education admissions nor restrict universities from pursuing DEIA efforts.
Raoul and his colleagues highlight that institutions can continue setting goals related to student body diversity using all legal methods available. They clarify that while SFFA limits considering race as a positive admission factor on its own, schools can still diversify their applicant pools through recruitment strategies without giving preference based on racial status.
The guidance encourages K-12 schools to foster environments where students feel safe and respected by ensuring compliance with anti-discrimination laws and adopting best practices tailored to community needs. Additionally, it outlines steps for preparing students from underrepresented backgrounds for college or careers.
This initiative is part of ongoing efforts by Raoul since the SFFA ruling to defend DEIA programs. Recently, he co-led similar guidance for businesses on workplace DEIA initiatives and addressed concerns about Walmart's retreat from its diversity commitments.
Joining this educational guidance effort are attorneys general from California, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, and Vermont.