NYS mascot ban: Federal investigation referred to Department of Justice

The U.S. Department of Education has referred its investigation into New York’s regulation banning Native American mascots and related imagery to the Department of Justice, federal officials announced on Tuesday.

The move comes more than two weeks after U.S. Secretary of Education Linda McMahon announced at Massapequa High School that the state Board of Regents' ban on Native American imagery in public schools violated Title VI of the Civil Rights Act. The act prohibits discrimination in federally funded education programs on the basis of race, color, or national origin.

McMahon had warned the state that the matter could be elevated to the Justice Department, if officials did not comply with a proposed agreement that called for the state to rescind the ban. The federal education department said the state rejected their proposed agreement twice.

"Both the New York Department of Education and the Board of Regents violated federal antidiscrimination law and disrespected the people of Massapequa by implementing an absurd policy: prohibiting the use of Native American mascots while allowing mascots derived from European national origin," McMahon said in a news release Tuesday. "Both of these entities continue to disrespect the people of Massapequa by refusing to come into compliance with the Office for Civil Rights’ proposed agreement to rectify their violations of civil rights law."

Penalties could include a loss of federal funding, officials previously said.

J.P. O'Hare, the state education department's communications director, said in a statement the referral to the Justice Department shows the investigation was a "farce from the outset."

"To the extent that any investigation took place, it represents a blatant attempt to do a political favor for the Massapequa Board of Education," he said. "Our education communities, all of them, should reflect respect, not indolent symbolism masquerading as tradition."

Trump sides with Massapequa

New York’s Board of Regents in 2023 banned the use of Native American mascots, team names and logos in public schools. The regulation affected 13 districts on Long Island, including Massapequa, which goes by the name the Chiefs and whose mascot is a Native American in a headdress.

The state has said school districts that do not comply with the ban by June 30 risk losing state aid or face the removal of school officers.

The U.S. Department of Education announced in April it had launched a probe to determine if the threat of withholding funds from schools with sports teams that continue to use Native American imagery violated civil rights laws. This came shortly after President Donald Trump took to social media to express support for the Massapequa school district in its fight to keep its name and logo.

Most of the Long Island districts affected by the mascot ban have taken steps to retire their mascots and names. The Wantagh and Connetquot schools districts were recently granted extensions.

The state is considering an extension request from Massapequa.

O'Hare noted in his statement that, with the exception of four schools that have applied for extensions, "Every school district in New York, 727 of them, has engaged in the community-driven process to rebrand their team names, mascots and logos."

He added, "Rather than wrestling over mascots, maybe we could all focus on what’s paramount, ensuring our schools are inclusive and respectful for every student."