Trump's executive order no curb to DEI policies in New York schools, James says

ALBANY — New York State schools, colleges and universities can lawfully continue diversity equity, inclusion and accessibility policies and practices, despite President Donald Trump's executive order to end them, according to guidance released Wednesday by state Attorney General Letitia James. 

The 11-page guidance document, by James and a coalition of attorneys general from 13 other states and the District of Columbia, aims to alleviate concerns following the Jan. 20 order by Trump, as well as a "Dear Colleague" letter from the U.S. Department of Education, according to a news release on the guidance. The education department's letter included a threat to withhold billions of dollars in federal funding for schools that continue to uphold diversity, equity, inclusion and accessibility — also known as DEIA — policies and programming.

According to the state guidance, neither an executive order nor a letter from the federal Education Department can make or change the law.

"The administration cannot ban diversity, equity, inclusion, and accessibility efforts with a ‘Dear Colleague’ letter," James said in a statement. "Schools and educational institutions can rest assured that they are well within their legal rights to continue building inclusive learning environments for their students."

The White House press office did not immediately respond to a request for comment Wednesday.

The coalition releasing the DEIA guidance included attorneys general of California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, Vermont, and the District of Columbia.

The Jan. 20 Trump order called DEIA programs "illegal and immoral discrimination programs." The federal Education Department in a Feb. 14 "Dear Colleague" letter described the practices as "discriminatory" and "smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline." The department further said it would take "appropriate measures to assess compliance," and threatened to take away federal funding from those not complying.

During his speech to a joint session of Congress Tuesday night, Trump said his administration had "ended the tyranny of so-called diversity, equity and inclusion policies all across the entire federal government and indeed the private sector and our military. And our country will be woke no longer."

The guidance issued Wednesday says that the Trump administration "misconstrued" legal precedent set by the U.S. Supreme Court regarding civil rights laws.

Nothing in the letter or a frequently-asked-questions document sent out by the federal education department "changes existing law and well-established legal principles that encourage — and even require — schools to promote educational opportunity for students of all backgrounds," according to the guidance.

The guidance assures colleges and universities that they are within their rights to cultivate diverse student bodies and equitable opportunities and outcomes for students, according to the release. The attorneys general further encouraged K-12 schools to "strive for a school climate where all students feel safe, supported, respected, and ready to learn," the release said.

The guidance was lauded by the New York State Education Department on Wednesday. 

 The department "fully supports the guidance issued by our colleagues in the Office of the Attorney General to ensure our schools remain safe, inclusive, and welcoming environments for all students," department spokesman J.P. O'Hare said in an emailed statement. 

With AP