New York Attorney General Letitia James and Commissioner of Education Betty Rosa have jointly released a guidance statement that provides clear direction to New York schools on matters they cannot restrict. Notably, the guidance underscores that it is unlawful for schools to ban content because it is deemed “inappropriate” or “lewd” for classrooms.
In the statement directed toward Local Education Agencies (LEAs), Attorney General James begins by stating that New York is attempting to ensure “that all students have full educational opportunity by supporting LEAs’ development and implementation of policies and practices that advance the principles of diversity, equity, and inclusion (DEI).”
The guidance warns LEAs that any school curriculum that “excludes people and their histories or notable figures because of race, color, national origin, gender (including gender identity), and sexual orientation” is a violation of state law. It goes on to elaborate that it is a violation of New York State Human Rights Law to use “a pretext of inappropriateness or lewdness to systemically remove diverse perspectives from the classroom.”
New York schools are also being warned about restrictions against transgender-identifying students. The guidance warns that schools cannot bar male athletes that identify as female from competing in women’s sports and using women’s locker rooms. Schools cannot “prohibit a person from participating in a particular extracurricular program or using a particular facility because they do not conform to gender stereotypes.” Schools are also banned from barring a transgender-identifying student from certain programs out of concern that they make their peers uncomfortable.
Finally, schools are barred from “requiring a gender expansive or non-binary person to provide identification or proof of their gender in order to access the appropriate single-gender extracurricular program or facility.”
The guidance concludes by stating that educators must “affirm” students’ identities and gender expressions and that refusing to do so is an act of discrimination. But the role of educators is to teach children the truth and correct wrong behavior. By implementing these policies, the state of New York is creating a protected class of students that cannot be effectively counseled and are realizing that their gender identity can be used as a cover for bad behavior.
