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A. D. Bamburg | Mar 5, 2025

Attorneys general issue multistate guidance supporting school diversity initiatives

New Jersey Attorney General Matthew J. Platkin, alongside 14 other attorneys general, has released guidance aimed at helping educational institutions understand the legal framework surrounding diversity, equity, inclusion, and accessibility (DEIA) initiatives. This action responds to concerns raised by a Trump Administration executive order and subsequent communications from the U.S. Department of Education that questioned such policies.

The coalition's guidance asserts that efforts to promote diverse and inclusive educational environments remain lawful despite recent federal actions. "New Jersey’s schools are among the top-ranked in our country precisely because they embrace our state’s great diversity," said Attorney General Platkin. He emphasized that any attempts by the Trump Administration to withdraw funding from schools would be contested.

The guidance addresses misconceptions about the U.S. Supreme Court's ruling in Students for Fair Admissions Inc. v. President and Fellows of Harvard College (SFFA). It clarifies that while SFFA limits how race can be considered in admissions decisions, it does not prevent schools from pursuing broader DEIA goals through recruitment and outreach efforts.

Institutions are encouraged to maintain missions focused on student body diversity and equitable outcomes using all available legal methods. Schools can target potential applicants based on various characteristics beyond race, such as academic interests or socioeconomic status.

For K-12 schools, the guidance suggests fostering a supportive environment where students feel safe and respected by ensuring compliance with anti-discrimination laws and adopting best practices tailored to community needs.

Attorney General Platkin collaborated with his counterparts from Massachusetts, Illinois, New York, California, Connecticut, Delaware, the District of Columbia, Maine, Maryland, Minnesota, Nevada, Oregon, Rhode Island, and Vermont in issuing this multistate guidance.

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