Public education is under attack. The most recent strike occurred on Thursday, March 20, when the U.S. president signed an order to close the U.S. Department of Education. 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 U.S. and New York state constitutions, federal and state laws, and has the backing of state leaders including the attorney general, the commissioner of education and the state 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 U.S. 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 New York state 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 state 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 — were enacted and funded by the United States 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 Feb. 13, 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 5, New York 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 New York and 20 other states fought against the federal education cuts by filing a lawsuit in U.S. District Court arguing that the reductions imperil the federal agency’s ability to fulfill its congressional mandate. Additionally, James, Rosa and Gov. Kathy Hochul issued guidance to school districts restricting access for agencies like ICE to school buildings without a valid judicial warrant.

The commissioner, attorney general 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.

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Roger Catania served for eight years as superintendent for the Lake Placid Central School District before his retirement in 2021 and his appointment to represent the 4th Judicial District on the Board of Regents in June of 2022. He lives in Saranac Lake. Patrick Mannion represents the 5th Judicial District on the Board of Regents and lives in Fayetteville. The views expressed here are their own and do not represent the official policy of the state Board of Regents.