The US Department of Education (DOE) recently referred its investigation into the New York Department of Education (NYDE) for banning mascots celebrating Native American history to the U.S. Department of Justice (DOJ) for prosecution.
The DOE investigated NYDE after the latter commanded the Massapequa School District to eliminate its ‘Chiefs’ mascot based on its association with Native American culture.
The New York Board of Regents (NYBR) had implemented a statewide prohibition on names, mascots, or logos based on Native American race and national origin.
Democrats and progressives have often criticized such symbolism as inappropriate acculturation.
However, the Native American Guardians Association (NAGA) filed a complaint against New York arguing that the ban unlawfully discriminates against Native Americans.
DOE investigations effectively found NYDE’s ban of the ‘Chiefs’ mascot, and the NYBR’s broader prohibition, to contradict Title VI of the 1964 Civil Rights Act.
Title VI prohibits discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance.
According to the Education Data Initiative, public schools in New York receive nearly 10% of all national funds for state education programs.
Specifically, DOE argues that New York’s ban violates Title VI because it targets Native American imagery while permitting schools to use motifs and symbols from other nations and cultures, therefore discriminating against Native Americans.
The NYDE is therefore, according to the DOE, in contravention of national anti-discrimination law.
DOE gave NYDE ten days to align its policy with Title VI by eliminating the ban, which the latter refused to do.
Consequently, DOE referred the case to DOJ for prosecution.
Education Secretary Linda McMahon called NYDE’s ban “absurd” because it prohibits “the use of Native American mascots while allowing mascots derived from European national origin.”
“We will not allow New York state to silence the voices of Native Americans, and discriminatorily choose which history is acceptable to promote or erase,” concluded McMahon.
