Recently published in the Watertown Times, Adirondack Daily Enterprise, and Syracuse Post-Standard

By Roger Catania and Patrick Mannion

The authors represent the 4th and 5th judicial districts on the NYS Board of Regents. The views expressed here are their own and do not represent the official policy of the NYS Board of Regents.

            Public education is under attack. The most recent strike occurred on Thursday March 20th, when the US President signed an order to close the US Department of Education (USDOE). This federal agency ensures equity and access for low-income students, a free and appropriate education for students with disabilities, and equal access to education for underrepresented groups under the civil rights laws. The USDOE also carries out many other important functions in K-12 and higher education. 

            The order to shutter USDOE follows an ongoing assault from previous executive orders meant to censure, hobble, or punish public schools that don’t cooperate. These orders would prevent schools from 1) teaching about racism, sexism, discrimination or gender identity; 2) maintaining policies and practices that consider diversity, equity, and inclusion in the curriculum and in hiring; and 3) acknowledging transgender students and carrying out school-based practices to support them — including transgender student-athletes. In addition, recent federal actions would eliminate half of the USDOE positions that presently carry out federal laws in support of public education, including more than 40% of the positions in the Office of Civil Rights. And making matters worse, immigrant students are already feeling threatened by raids against their families and worries that these raids will come to their schools. How should educators respond?

            As the Regents representing public schools across the North Country, we urge school boards, districts, schools, and educators to reject these demands. Here is what we recommend. Don’t change your policies, your curriculum, your lesson plans, or your extracurricular programs. State laws, learning standards, and guidance documents have not changed, and these federal actions do not supersede state authority. Rejecting recent federal actions is in line with the US and NYS Constitutions, Federal and State laws, and has the backing of NYS leaders including the Attorney General, the Commissioner of Education, and the NYS Board of Regents. 

            Responsibility for public education rests primarily with states, while the federal government maintains a critical role in protecting civil rights in education. The US Constitution does not mention public education, but the 10th Amendment affirms that any powers not given to the federal government are reserved for the states or the people. The federal responsibility to protect civil rights and ensure educational equity is rooted in the 14th Amendment’s Equal Protection Clause, the Civil Rights Act of 1964, the Elementary and Secondary Education Act of 1965 (ESEA, now the Every Student Succeeds Act), Title IX of the Education Amendments of 1972, and landmark court decisions such as Brown v. Board of Education. The NYS Constitution tasks the entire state with the responsibility to “provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated.” The NYS Constitution and subsequent state laws vest authority over public educational policy in the Board of Regents, who appoint a Commissioner to carry out these policies. 

            Any bending to federal executive actions will surrender the state’s constitutional authority over our schools and violate civil rights laws. And as any high school government student knows, federal laws — like ESEA and the Individuals with Disabilities Education Act (IDEA) — were enacted and funded by the United State Congress, and once approved cannot be altered or overturned by the executive branch, due to the constitutional separation of powers. When it comes to the recent cuts to USDOE the President cannot “take care that the laws be faithfully executed” — his constitutional responsibility — without the people and positions that have been impulsively terminated. By rejecting these orders, we are adhering to the Constitution and to existing federal and state law. It is the executive orders that are potentially illegal and unconstitutional, not our present policies and practices.

            State leaders have acted forcefully in response to these illegal actions. On February 13th Attorney General Letitia James and Commissioner of Education Betty Rosa issued a joint statement opposing the executive’s anti-transgender actions, stating that the President cannot unilaterally exclude gender identity in Title IX of the federal law, and he has no power to overturn the clear protections of gender identity asserted in New York State law. “We understand that presidential threats to withhold funding are intimidating,” they said, “but they are also beyond the President’s authority.” New York has also joined forces with other states in reaction to these actions. On March 5th NYS joined 14 other states to affirm that the administration cannot ban diversity, equity, and inclusion through an executive order or a Dear Colleague letter. These states advised: “Educational institutions should continue to foster diversity, equity, inclusion, and accessibility among their student bodies.” Most recently NYS and 20 other states fought against the federal education cuts by filing a lawsuit in US District Court arguing that the reductions imperil the federal agency’s ability to fulfill its congressional mandate. Additionally, Attorney General James, Commissioner Rosa, and Governor Hochul issued guidance to school districts restricting access for agencies like ICE to school buildings without a valid judicial warrant. 

            The Commissioner, AG, and Board of Regents are standing firm against federal intrusion upon public education in New York State. We urge all educators to do the same. Beyond the legal responses outlined here, we must also consider our moral responsibility when it comes to the children and youth whose lives we have the privilege to shape and influence. We are responsible to act in the best interests of our students — all students — and we must do so always, not just when it is safe or convenient. We must respect and accept all students, regardless of race, ethnicity, gender identity, or sexual preference. We must be willing to do what is right, even when it is difficult to do so. Stepping up to our moral responsibility is not new to North Country educators, and now we are called on to do it again. These are challenging times, and we cannot remain silent or acquiesce to fear and pressure. Let’s rise to the occasion and do what is right for our students. As North Country educators, we should do no less.

Roger Catania and Patrick Mannion represent the 4th and 5th Judicial Districts on the NYS Board of Regents

References:

National Constitution Center. (n.d.). The U.S. Constitution. Retrieved March 23, 2025, from https://constitutioncenter.org/the-constitution/full-text

New York State Department of State. (2025). The New York State Constitution. Retrieved March 23, 2025, from https://dos.ny.gov/system/files/documents/2025/01/constitution-january-1-2025.pdf

The White House. (n.d.). Presidential executive orders. Retrieved March 23, 2025, from https://www.whitehouse.gov/presidential-actions/

Schultz, B. (2025, March 13). Data: Which Ed. Dept. offices lost the most workers? Education Week.

Office of the Attorney General & State Education Department. (2025, February 13). Joint statement on transgender students’ rights.

Attorneys General of IL, MA, NY, CA, CT, DE, ME, MD, MN, NV, OR, RI, VT, & the District of Columbia. (2025, March 5). Press release: To institutions of higher education and K-12 schools.

Office of the Governor & Office of the New York State Attorney General. (2025, February 14). Immigration Q&A: Guidance to private and non-profit organizations and entities.

Office of the Attorney General. (2025, March 13). Attorney General James sues Trump administration to stop dismantling of Department of Education and protect students.