The U.S. Department of Education recently made a significant move by referring the investigation into the New York Department of Education (NYDE) and the New York State Board of Regents (the Board) to the U.S. Department of Justice for further action.
This investigation stems from the Board’s attempt to ban mascots and logos that celebrate Native American culture.
The Department’s action follows the NYDE and Board’s rejection of a proposed resolution agreement from the Office for Civil Rights (OCR), which aimed to address violations of Title VI of the Civil Rights Act of 1964.
Alleged Discrimination and Violations of Civil Rights
U.S. Secretary of Education, Linda McMahon, expressed strong criticism of the actions taken by the New York Department of Education and the Board, highlighting that their policies violate federal antidiscrimination laws.
McMahon pointed out the inconsistency in the Board’s decision to ban Native American mascots while still allowing mascots based on European national origin.
This, according to McMahon, is a form of discrimination against Native Americans and a disregard for their history and culture.
The U.S. Department of Education’s OCR had issued a proposed Resolution Agreement, urging the NYDE and Board to comply with Title VI by removing the ban on Native American mascots.
However, both entities rejected this agreement, despite the potential for legal consequences. OCR’s proposed resolution also included an apology to Indigenous tribes for attempting to erase Native American history from the educational system.
The Role of Title VI of the Civil Rights Act
Title VI of the Civil Rights Act of 1964 plays a crucial role in protecting students from discrimination based on race, color, or national origin in federally funded educational programs.
In this case, the Department of Education’s investigation focuses on whether the actions of the NYDE and the Board violated these protections, specifically by banning symbols that represent Native American culture while allowing other ethnic or racial group mascots.
Background of the Investigation
The investigation began on April 25, when OCR opened a Title VI probe into the NYDE and the Board over their decision to force the Massapequa School District to remove its ‘Chiefs’ mascot, which was associated with Native American culture.
Secretary McMahon visited Massapequa High School on May 30 to announce that the OCR concluded its investigation, finding that the Board violated Title VI.
The Board’s actions included banning Native American mascots, logos, and names, while allowing others based on European national origins like the ‘Dutchmen’ and the ‘Huguenots.’
What Happens Next?
With the referral of this case to the U.S. Department of Justice, the matter will likely move forward with legal enforcement.
This move underscores the Department’s commitment to ensuring that public schools adhere to federal civil rights laws, particularly those prohibiting discrimination based on race or national origin.
The Department of Education has made it clear that it will not allow the erasure of Native American history and will push for corrective actions to ensure fairness and inclusivity in school policies across the country.
In the coming months, we can expect to see how the U.S. Department of Justice handles this referral, which could lead to further legal actions and a broader conversation about the use of culturally significant mascots and symbols in educational settings.
