The U.S. Department of Education has referred an investigation concerning the New York Department of Education (NYDE) and the New York State Board of Regents to the U.S. Department of Justice for enforcement. The referral follows NYDE and the Board's rejection of a proposed Resolution Agreement from the Department’s Office for Civil Rights (OCR), which sought compliance with Title VI of the Civil Rights Act by rescinding their prohibition on Native American mascots and logos.
U.S. Secretary of Education Linda McMahon stated, “Both the New York Department of Education and the Board of Regents violated federal antidiscrimination law and disrespected the people of Massapequa by implementing an absurd policy: prohibiting the use of Native American mascots while allowing mascots derived from European national origin.” She emphasized that they will not allow "New York state to silence the voices of Native Americans."
The OCR had issued a proposed Resolution Agreement requiring NYDE and the Board to lift their ban on Indigenous names and mascots and apologize to Indigenous tribes for attempting to erase Native American history. This agreement was rejected by both entities initially and again after an impasse letter was issued.
The investigation began on April 25 when allegations arose that the Board was violating federal antidiscrimination laws by forcing Massapequa School District to drop its 'Chiefs' mascot due to its association with Native American culture. On May 30, Secretary McMahon announced at Massapequa High School that OCR had concluded its investigation, finding that Title VI was violated by prohibiting certain mascots based on race or national origin.
Title VI prohibits discrimination in federally funded education programs based on race, color, or national origin.
