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Yesterday, the President of the United States issued another in a series of executive orders. This one targeted actions in K-12 schools. The Radical Indoctrination Order set out a series of directives causing a great deal of buzz in schools. The following is an overview of the major areas addressed as well as some strategies to consider. As is the case with the other executive orders, this is evolving so it is important for school officials to stay abreast of developments.
The Ending Radical Indoctrination in K-12 Schooling order:
School officials are justifiably nervous of what the executive order means for them. Right now, the executive order does not require any specific action by any school district. Further, current New York State law robustly protects students and employees from improper discrimination, including the discrimination set forth in the Executive Order. Failure to adhere to State Law would put schools at risk of discrimination claims. As such, policies and practices ensuring against discrimination of any kind should continue.
The Executive Order alludes to threats of prosecution against educators who do not adhere to its edicts including the edict against unlawful facilitation of social transition of a minor. As a practical matter, it is improbable that, at this juncture, any such prosecution is possible or would actually take place. Additionally, the New York State Attorney General is leading the charge against other aspects of prior executive orders. It is unlikely that same office will look to prosecute under this most recent order.
The Executive Order also suggests federal funding may be removed if its terms are not adhered to. Legally, this cannot be done via executive order. Congress is constitutionally vested with authority over federal spending. The Executive can condition spending that Congress approved. This issue is currently being litigated since this is not the first Executive Order that sought to modify Congressional spending. Whether or not the President can condition approved funding will be decided in court in the coming weeks/months.
This Executive Order and several others issued in the past ten days spurs confusion and anxiety. We are watching their implementation closely. As of this writing, it is wise for New York State school districts to continue adhering to laws and policies which ensure against the discrimination of students.
As this issue unfolds, we will continue to provide you with additional guidance and direction.
Nothing herein is meant to provide legal advice. You should always contact your attorney for specific advice and counsel on any legal matter you are working on.
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