Introduction

The New York State Department of Education Office of the Attorney General (OAG) and the New York State Board of Regents (Board) or SED are communicating to Local Education Agencies (LEA) about their responsibility to prioritize dignity, inclusion, and respect in educational decision-making. These principles, enshrined in law, serve as the foundation for making well-informed educational policies.

In this collaborative guidance, the OAG and SED reassert New York’s dedication to ensuring that every student has equal educational opportunities by encouraging LEAs to develop and implement policies and practices that promote diversity, equity, and inclusion (DEI). Both state and federal laws prohibit discrimination in educational institutions based on various factors including race, color, national origin, disability, sex, religion, sexual orientation, gender identity or expression, military status, age, or marital status.

Discrimination and Its Consequences

Image by: newshour-classroom-tc.digi-producers.pbs.org

Numerous laws mandate that LEAs take proactive measures to identify and rectify instances of discrimination and their detrimental impact on educational opportunities for all students. Neglecting to assess, monitor, and adjust policies, procedures, and curricular choices may lead to LEAs breaching their obligations under federal and state law. Two significant state policies, namely the Dignity for All Students Act (Dignity Act) and the Board of Regents’ DEI policy, deserve particular attention. The Dignity Act, effective since July 1, 2012, mandates that public schools cultivate a school environment where students can learn without fear of discrimination, harassment, or intimidation.

Laws on Citizenship and Character Education

Image by: browardschools.com

Education Furthermore, it amended Section 801-a of New York State Education Law concerning instruction in civility, citizenship, and character education, broadening the concepts of tolerance, respect for others, and dignity. This encompasses awareness and sensitivity in interactions among individuals, encompassing different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identities, and sexes. The Dignity Act was updated in 2021 to include discrimination based on race, including traits associated with race. In May 2021, the Board adopted a comprehensive DEI policy.

New York State Department of Education’s Publication of a DEI Framework This action followed the release of a DEI framework, where the Board outlined its beliefs and expectations for all students, particularly during significant historical junctures. The Board adopted definitions of diversity, equity, and inclusion crafted by the University of California, Berkeley Center for Equity, Inclusion and Diversity, and the University of Houston’s Center for Diversity and Inclusion. Additionally, the Board emphasized its expectation that all school districts and higher education institutions develop and implement policies and practices that advance DEI and do so promptly and diligently.

New York State Department of Education Highlighting Three Critical Areas Public schools cannot fulfill their legal obligations unless they prioritize DEI in their endeavors. Three critical areas are highlighted: teaching and learning, student discipline, and addressing bullying and harassment.

Conclusion

In conclusion, effective teaching and learning rely on collaboration, adaptability, and a dedication to continuous improvement. By fostering environments conducive to exploration, discovery, and growth, educators can empower learners to realize their full potential and become active contributors to society. It is imperative that teaching and learning reflect the principles of diversity, equity, and inclusion and offer opportunities for all students to progress academically. The Board of Regents is steadfast in ensuring that students in New York receive top-quality instruction.

As articulated in the Board’s policy statement, LEAs should address the necessity for inclusive and culturally responsive teaching and learning, encompassing curricula across all subjects, instructional materials, teaching methods and professional development, classroom grouping policies, student support systems, equitable learning opportunities for all students, and diverse assessment methods. Such teaching and learning approaches should, among other things, avoid presenting a singular narrative and instead create avenues for students to learn from multiple perspectives.