NJ Joins Multistate Coalition in Defending Diversity, Equity, and Inclusion in Schools

NEW JERSEY - New Jersey Attorney General Matthew J. Platkin has joined a coalition of 15 state attorneys general in issuing new guidance for schools on the legality and importance of diversity, equity, inclusion, and accessibility (DEIA) initiatives in education. The advisory aims to support K-12 schools, colleges, and universities in navigating recent challenges to DEIA programs, reaffirming that such efforts remain lawful despite recent federal actions.

The guidance responds to concerns raised by a Trump Administration executive order and a U.S. Department of Education (DOE) “Dear Colleague” letter and FAQ document, which some have interpreted as restricting DEIA programs in schools. The attorneys general clarify that these federal directives do not change existing legal protections for DEIA policies and that longstanding legal precedents continue to allow schools to promote diversity and equitable opportunities.

“New Jersey’s schools are among the top-ranked in our country precisely because they embrace our state’s great diversity and provide a high-quality education to students across the state – and no toothless threats from the Trump Administration will change that,” said Attorney General Platkin. “Along with my colleagues across the country, we are issuing legal guidance to schools so that they can continue to foster diverse, equitable, inclusive, and accessible environments that benefit all students. Make no mistake – we will fight any attempt by the Trump Administration to take funding away from our schools, and especially our special needs students.”

Clarifying Legal Standing on Diversity Policies

The guidance also pushes back against efforts to broaden the scope of the 2023 U.S. Supreme Court ruling in Students for Fair Admissions Inc. v. Harvard (SFFA). The ruling limited the ability of colleges and universities to consider race as a factor in admissions decisions, but the coalition emphasizes that it does not prohibit institutions from fostering diverse student populations through race-neutral methods.

According to the attorneys general, schools can continue using legal recruitment strategies to ensure diverse applicant pools. They can also develop policies promoting equitable access to education based on a variety of characteristics, such as geographic location, socioeconomic status, parental education levels, and academic interests. While the SFFA ruling prevents schools from explicitly using race as a positive factor in admissions decisions, it does not require schools to ignore race entirely in their outreach efforts.

Guidance for K-12 Schools

The coalition’s guidance also provides recommendations for K-12 schools, emphasizing the importance of fostering inclusive school environments where all students feel safe, respected, and supported. Schools are encouraged to:

• Review policies to ensure compliance with anti-discrimination, anti-bullying, and civil rights laws.
• Implement programs that reflect best practices in creating an inclusive school climate.
• Adopt measures to prepare historically underrepresented students for higher education or career opportunities.

National Legal and Policy Implications

The attorneys general stress that institutions of higher education can still define their mission and goals around student body diversity and equitable outcomes. They also reaffirm that the DOE’s recent executive order and correspondence do not legally prohibit educational institutions from pursuing diversity efforts through lawful means.

Attorney General Platkin joins officials from Massachusetts, Illinois, New York, California, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Minnesota, Nevada, Oregon, Rhode Island, and Vermont in issuing the guidance. Their collective effort aims to ensure that schools continue to provide equitable and accessible educational experiences while adhering to legal standards.

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