The New Jersey Department of Education recently issued an advisory providing notification of the release of guidance jointly issued by a group of states, including New Jersey, to assist schools and districts regarding accessibility policies and practices in education.
The advisory is shared below:
The states of Illinois, Massachusetts, New York, California, Connecticut, Delaware, Maine, Maryland, Minnesota, New Jersey, Nevada, Oregon, Rhode Island, Vermont, and the District of Columbia developed guidance titled “Multistate Guidance for Schools on Diversity, Equity, Inclusion and Accessibility Initiatives.” In light of the release of a U.S. Education Department “Dear Colleague” letter on Feb. 14, 2025, and a Frequently Asked Questions document, issued Feb. 28, 2025, targeting diversity, equity, inclusion and accessibility policies and programming in schools, the guidance seeks to help schools understand the legality, viability and importance of such policies and programs.
It is critical to note, and as the guidance makes clear, “nothing in the ‘Dear Colleague’ letter or FAQ changes existing law and well-established legal principles that encourage – and even require – schools to promote educational opportunity for students of all backgrounds.” Indeed, providing a welcoming, supportive educational environment free of discrimination in all its forms is central not only to longstanding practice and values in New Jersey schools, but to New Jersey law.
State law and regulations continue to require school districts to implement curricula that promote inclusivity; safeguard students from the harms of bullying and harassment based on their actual or perceived characteristics such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, among other characteristics; ensure students are not subject to bias-based harassment from students or staff in a way that creates a hostile school environment; and other crucial protections that empower all students to realize their full capabilities.
For additional questions on the specific application of this guidance in accordance with state and federal law within your community, districts are encouraged to consult their legal counsel.
