PORTLAND, Ore. (KOIN) – Oregon Attorney General Dan Rayfield joined a group of 15 attorneys general issuing guidance for K-12 schools, colleges and universities on diversity, equity, inclusion and accessibility practices amid the Trump administration’s efforts to dismantle DEI policies.

The attorneys general issued the guidance in response to an executive order signed by President Trump and documents released by the Department of Education targeting DEI practices.

Now, the attorneys general are reminding schools that diversity initiatives are legal and aim to quell “fear” inspired by the federal crackdown on DEI practices.

The guidance by the attorneys general clarifies that recent documents from the Department of Education — including a February 14 “Dear Colleague” letter, and a frequently asked questions document regarding “racial preferences and stereotypes” under the Civil Rights Act — do not change the law regarding higher education admissions and cannot restrict schools from pursuing DEIA efforts.

Additionally, the guidance speaks to a January executive order signed by President Trump which claims to ban “DEI preferencing in federal contracting” and directs the attorney general and the Department of Education to release guidance complying with Students for Fair Admission v. Harvard — a 2023 Supreme Court ruling that found race-conscious admission policies at Harvard and University of North Carolina violate the Constitution, as reported by CBS News.

However, the attorneys general are reminding schools that DEI practices are legal, noting longstanding legal precedents support the DEI programs, which cannot be changed by an executive order or letters from the Department of Education.

“The President cannot change longstanding legal precedent by executive order, and a Dear Colleague letter and FAQ document certainly cannot do so,” the attorneys general wrote. “The ‘Dear Colleague’ letter has inspired fear, and the Attorneys General write to mitigate that fear.”

“Making sure diversity, equity, and inclusion are protected in education is about giving every student a fair chance to succeed,” Oregon Attorney General Dan Rayfield added. “When efforts are made to roll back DEIA programs, it’s not just about policy – it’s about denying students the support they need to thrive.”

The attorneys general argue that the Department of Education’s letter “misconstrues” the Supreme Court ruling by implying DEI policies might be unlawful for schools, noting even though the high court limited the ability of colleges and universities to consider an applicant’s race as a positive factor for admission, schools can still work to diversify applicant pools.

“Educational institutions should continue to foster diversity, equity, inclusion, and accessibility among student bodies,” the attorneys general wrote.

The updated guidance adds that institutions do not have to ignore race when looking for prospective students as long as programs do not give students preference based on race and that all students have the same opportunity to compete for admission.

The guidance also encourages K-12 schools to create environments where all students feel “safe, supported, respected and ready to learn,” Rayfield’s office said, noting schools can do this by ensuring districts comply with anti-discrimination, anti-bullying, and civil rights laws.

“The Attorneys General remind all educational institutions that they must themselves abide by the nation’s civil rights laws, whatever changes they may make to their programming and policies,” the attorneys general said. “Fear of the ‘Dear Colleague’ letter or the loss of federal funding is not a justification to impose or reimpose discriminatory practices. The Attorneys General stand ready to enforce their States’ robust civil rights protections—which in many cases exceed federal civil rights protections—wherever discrimination may be found.”