Chicago – Attorney General Kwame Raoul, Massachusetts Attorney General Andrea Campbell and New York Attorney General Letitia James led a coalition of 15 attorneys general in issuing guidance to help K-12 schools, colleges and universities understand the legality, viability and importance of diversity, equity, inclusion and accessibility policies and practices in education.
The guidance comes in response to concerns following a Trump administration executive order and the U.S. Department of Education’s “Dear Colleague” letter and FAQ document targeting diversity, equity, inclusion and accessibility policies and programming in schools. The coalition’s guidance reminds educational entities that efforts to seek and support diverse, equitable, inclusive and accessible educational experiences for students are legal, and that longstanding legal precedents supporting these programs cannot be changed by an executive order or a letter from the Department of Education.
“Diversity, equity, inclusion and accessibility initiatives do more than prevent discrimination – they promote respect, understanding and the celebration of diverse perspectives. This means ensuring that people of diverse races, backgrounds, beliefs and abilities are present and valued in educational settings; that everyone receives fair treatment and equal access to opportunities; and that individuals and groups feel welcomed and supported in those settings,” Raoul said. “As Illinois’ chief law enforcement officer, I am committed to enforcing federal and state civil rights laws to protect the rights of all people in Illinois and across the nation against discriminatory practices. I will continue to stand with my fellow attorneys general as we condemn discrimination in any form.”
Opponents to diversity initiatives have sought to improperly expand the U.S. Supreme Court’s narrow ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA) far beyond its scope. Today’s multistate guidance updates guidance issued by the Commonwealth of Massachusetts after the 2023 ruling. It clarifies that the recent executive order and communications from the Department of Education do not change the law with respect to higher education admissions, and they do not and cannot prohibit or restrict universities from pursuing and implementing diversity, equity, inclusion and accessibility efforts. The updated guidance also includes tips to help K-12 schools set their students up for success.
In their guidance, Raoul and the attorneys general emphasize that institutions of higher education can continue to create missions and set goals related to student body diversity and equitable outcomes for students and can use all legal methods to pursue them.
The attorneys general clarify that while SFFA limited the ability of institutions of higher education to consider an applicant’s race in and of itself as a positive factor for admission, schools can still work to diversify their applicant pools and student bodies through recruitment efforts. The guidance notes that institutions do not have to ignore race when identifying prospective students for outreach and recruitment programs, provided such programs do not give students preference based on racial status, and that all students have the same opportunity to apply and compete for admission. Schools can continue to target outreach to potential applicants based on a wide range of characteristics, such as academic interests, geographic residency, financial means and socioeconomic status, family background and parental education level.
The guidance also encourages K-12 schools to strive for a school climate where all students feel safe, supported, respected and ready to learn. School leaders can do this by reviewing their current practices to ensure that their district complies with anti-discrimination, anti-bullying and civil rights laws, and by adopting programs and policies that incorporate best practices and meet the needs of their communities. In addition, Raoul and the attorneys general identify steps schools can take to ensure that all students, including those from historically underrepresented backgrounds, are prepared for college or careers.
Today’s guidance is the most recent action Raoul has taken to defend diversity, equity, inclusion and accessibility efforts since the Supreme Court’s SFFA ruling. Last month, Raoul and Campbell co-led a coalition of attorneys general issuing multistate guidance for businesses on diversity, equity, inclusion and accessibility initiatives in the workplace. In January, Raoul led a coalition of attorneys general in sending a letter to Walmart voicing concerns about the company’s recent announcement of its plans to step away from its commitments to diversity, equity and inclusion.
Raoul also condemned unfounded attacks on the FBI that attempted – without merit – to tie the New Year’s Day act of terrorism in New Orleans to diversity, equity and inclusion initiatives. He has also led outreach efforts to Fortune 500 companies and the American Bar Association affirming the strides toward diversity they have made, clarifying that these efforts are legal and encouraging them to continue.
Joining Attorneys General Raoul, Campbell and James in issuing this educational guidance are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Minnesota, New Jersey, Nevada, Oregon, Rhode Island and Vermont.
