Attorney General Rayfield, along with a coalition of 15 attorneys general, has issued guidance to educational institutions regarding diversity, equity, inclusion, and accessibility (DEIA) initiatives. This guidance aims to assist K-12 schools, colleges, and universities in understanding the legal framework surrounding these policies.
The initiative responds to concerns raised by a Trump administration executive order and related communications from the U.S. Department of Education that targeted DEIA policies in education. The coalition's guidance emphasizes that efforts to support diverse and inclusive educational experiences remain legal and are supported by longstanding legal precedents.
"Making sure diversity, equity, and inclusion are protected in education is about giving every student a fair chance to succeed," stated Rayfield. "When efforts are made to roll back DEIA programs, it’s not just about policy – it’s about denying students the support they need to thrive."
Opponents of diversity initiatives have attempted to expand the scope of the U.S. Supreme Court's decision in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA). The new multistate guidance updates previous guidance from Massachusetts following this ruling. It clarifies that recent federal actions do not alter laws concerning higher education admissions nor restrict universities from pursuing DEIA efforts.
The attorneys general highlight that higher education institutions can still set goals related to student body diversity using all legal methods available. While SFFA limited considering race as a positive factor for admission, schools can diversify their applicant pools through recruitment without giving preference based on racial status.
Additionally, K-12 schools are encouraged to foster an environment where all students feel safe and respected. School leaders should review practices for compliance with anti-discrimination laws and adopt best practices tailored to community needs.
Joining Attorney General Rayfield in this coalition are attorneys general from California, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Nevada, Rhode Island and Vermont.