Trump’s Efforts to Ban Diversity Programs in Schools Face Legal Challenge from New York Attorney General Letitia James”
New York Attorney General Letitia James took a strong stand on Wednesday against President Trump’s efforts to ban Diversity, Equity, and Inclusion (DEI) programs in schools, asserting that these attempts were on shaky legal ground. Her comments indicate an ongoing legal battle with the White House, as James led a coalition of 14 attorneys general who voiced their concerns.
In a joint guidance, the coalition made it clear that neither an executive order nor a memo from the U.S. Education Department, often referred to as a “Dear Colleague” letter, could change or make new laws. This letter, which threatened schools with penalties for continuing DEI policies, was seen as overreaching by many, including James and other state attorneys general.
“The administration cannot ban diversity, equity, inclusion, and accessibility efforts with a ‘Dear Colleague’ letter,” James said in a statement. She further reassured schools and educational institutions that they were legally allowed to continue creating inclusive environments for students. “Schools and educational institutions can rest assured that they are well within their legal rights to continue building inclusive learning environments for their students.”
James also emphasized that her office would defend the rights of New Yorkers and stand up for the rule of law in the face of what she described as a threat to inclusive education. “My office will always stand up for the rule of law and defend New Yorkers from threats,” she declared.
The controversy stems from a letter sent by the U.S. Education Department on February 14. In the letter, schools and colleges were given a two-week deadline to drop policies and actions that treat students differently based on race. This letter was a direct response to the Supreme Court’s 2023 ruling against affirmative action in college admissions. If schools failed to comply, they were warned they could face scrutiny or lose federal funding.
Despite this ultimatum, schools in New York largely did not make any significant changes. Reports from the Daily News indicated that, as the deadline passed, few schools had decided to drop or alter their DEI policies.
In follow-up guidance released this month, the Education Department seemed to soften its position. The department recognized that it could not directly control school curricula and allowed schools to continue observing events such as Black History Month and International Holocaust Remembrance Day. This shift suggests that the Education Department might be walking back its earlier hardline stance.
“The Dear Colleague Letter is clear: The Trump Department of Education will not allow educational institutions that receive federal funds to discriminate on the basis of race,” Craig Trainor, the acting assistant secretary for civil rights at the U.S. Education Department, said in a statement.
However, the interpretation of the law by Letitia James’s office differs significantly from that of the Trump administration. James’s team criticized the February 14 letter, accusing the Education Department of misinterpreting and expanding the Supreme Court’s ruling on affirmative action. According to James, the law still allows colleges to increase diversity through non-racial means. For example, colleges can focus on outreach efforts to students from low-income backgrounds without considering race.
The situation remains uncertain as it is unclear how the Trump administration will respond to schools that continue to offer diversity programming. In a move that has drawn attention, the Education Department under Trump’s leadership launched an investigation into the Ithaca City School District over an annual student conference. Reports claimed that white children were excluded from the event, prompting a federal investigation.
This ongoing dispute over diversity programming in schools reflects broader tensions surrounding race, inclusion, and educational policies. With state attorneys general like Letitia James challenging the federal government’s actions, this legal battle could have far-reaching implications for how schools address diversity and inclusion in the future.
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