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TRENTON – New Jersey Attorney General Matthew J. Platkin joined 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 U.S. Department of Education.

“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.”

Opponents of 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 builds on 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 admissions policies, and they do not and cannot prohibit or restrict educational institutions 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.

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.

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.

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, 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.

Attorney General Platkin joins the Attorneys General of 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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