MAYOR ADAMS AND CHANCELLOR BANKS ANNOUNCE ADDITIONAL FUNDING FLEXIBILITY FOR SCHOOLS

 

New York City Mayor Eric Adams and New York City Department of Education (DOE) Chancellor David C. Banks today announced additional flexibility of existing funding for schools for the upcoming schools year. Mayor Adams and Chancellor Banks are allowing schools more flexibility to use $100 million in federal stimulus funded academic recovery funds and are simultaneously making available up to approximately $50 million in funds reserved for school budget appeals and adjustments — with $34 million in school budget appeals being sent to schools today.

 

“As two former New York City public school students ourselves, Chancellor Banks and I know there is nothing more important than providing the children in our public schools the resources they need to learn, grow, and thrive. The truth is that the city is facing a 120,000 drop in student enrollment, which had clear budget implications since February when the preliminary budget was released,” said Mayor Adams. “We always said we would meet the needs of our students, and after hearing from principals and other community leaders that they need additional time to adjust to the decline in enrollment, we are announcing greater flexibility in this year’s school budget by granting immediate access to existing academic recovery funding up to $100 million and immediately granting up to $50 million in the budget appeal process. To be clear, this is not new money but a reallocation of existing funds. We are committed to providing every available resource to our students. Still, we also must acknowledge the changing conditions that so many are unwilling to recognize and, just as importantly, that there is no hidden pool of city money or additional federal stimulus funds, as has been previously inaccurately reported, that we can tap. We will continue to fight for additional resources from our federal and state partners, but if we don’t get those additional funds, the truth is we are in for harder times ahead. This isn’t a problem we can solve alone, but one that we must work to solve it together.”

 

“We have said from day one that enrollment in our public school system is a major concern that has a negative impact on our school systems’ funding. We initially provided $160 million to schools to support the transition to their lower enrollment levels, but our students deserve leadership that can act both responsibly and flexibly to meet their needs,” said DOE Chancellor Banks. “After listening to our school leaders, educators, and, most importantly, our families — we are moving forward with providing additional flexibility and making available the funds we have access to. This will help schools continue to serve our students as we work to transition to new enrollment levels. We must still focus on reversing enrollment declines by winning back families, but that does not mean we cannot act today to provide more relief to our schools.”

 

The American Rescue Plan (ARP-ESSER) provided school districts with funding to respond to the COVID-19 pandemic. As part of New York City’s ‘Academic Recovery Plan,’ money was allocated to schools based on the number of students in foster care, students in shelter, students in temporary housing, students who are English Language Learners (ELL), newcomer and long-term ELLs, students with interrupted/inconsistent formal education, students with disabilities, and students with economic need. 

 

At the school level, these funds were previously earmarked for specific academic purposes, like after-school tutoring, but — because they are temporary funds — were not permitted to be used on staff. DOE has lifted those restrictions and is allowing $100 million of these funds to be used for general staffing in order to give schools the option to retain staff who otherwise were being excessed to other schools, or hire other staff. 

 

Every year the DOE puts aside money to address budget appeals and adjustments. This money ensures that the DOE can meet the needs of schools as they arise over the summer and into the fall. Appeals funding is distributed based on the financial condition of each school compared to schools of a similar size and considers additional criteria such as unique conditions at each school. Due to ongoing litigation concerning the city’s Fiscal Year 2023 budget and an accompanying temporary restraining order in an ongoing lawsuit, this appeals funding was held. With the new school year approaching, the city has directed the immediate release of the up to approximately $50 million set aside for appeals to schools. Of those funds, $34 million in appeals funding has already been released. This sum is larger than previous years in recognition of the uncertainty many schools are facing due to pandemic-related disruptions. 

 

Air Quality Health Advisory Issued for New York City Metro and Lower Hudson Valley

 

In Effect for Thursday, August 4, 2022

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos and State Department of Health (DOH) Commissioner Dr. Mary T. Bassett issued an Air Quality Health Advisory for the New York City Metro and Lower Hudson Valley regions for Thursday, August 4, 2022.  

The pollutant of concern is: Ozone 

The advisory will be in effect 11 a.m. through 11 p.m. 

DEC and DOH issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter are expected to exceed an Air Quality Index (AQI) value of 100. The AQI was created as an easy way to correlate levels of different pollutants to one scale, with a higher AQI value indicating a greater health concern. 

OZONE 

Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. Automobile exhaust and out-of-state emission sources are the primary sources of ground-level ozone and are the most serious air pollution problems in the northeast. This surface pollutant should not be confused with the protective layer of ozone in the upper atmosphere. 

People, especially young children, those who exercise outdoors, those involved in vigorous outdoor work and those who have respiratory disease (such as asthma) should consider limiting strenuous outdoor physical activity when ozone levels are the highest (generally afternoon to early evening). When outdoor levels of ozone are elevated, going indoors will usually reduce your exposure. Individuals experiencing symptoms such as shortness of breath, chest pain or coughing should consider consulting their doctor. 

Ozone levels generally decrease at night and can be minimized during daylight hours by curtailment of automobile travel and the use of public transportation where available. 

New Yorkers also are urged to take the following energy-saving and pollution-reducing steps: 

• use mass transit or carpool instead of driving, as automobile emissions account for about 60 percent of pollution in our cities; 
• conserve fuel and reduce exhaust emissions by combining necessary motor vehicle trips; 
• turn off all lights and electrical appliances in unoccupied areas; 
• use fans to circulate air. If air conditioning is necessary, set thermostats at 78 degrees; 
• close the blinds and shades to limit heat build-up and to preserve cooled air; 
• limit use of household appliances. If necessary, run the appliances at off-peak (after 7 p.m.) hours. These would include dishwashers, dryers, pool pumps and water heaters; 
• set refrigerators and freezers at more efficient temperatures; 
• purchase and install energy efficient lighting and appliances with the Energy Star label; and 
• reduce or eliminate outdoor burning and attempt to minimize indoor sources of PM 2.5 such as smoking. A toll-free Air Quality Hotline (1-800-535-1345) has been established by DEC to keep New Yorkers informed of the latest Air Quality situation.

Additional information on ozone and PM 2.5 is available on DEC's website and on DOH's website. To stay up-to-date with announcements from DEC, sign up for DEC Delivers: DEC's Premier Email Service.

The Thursday, August 4, Air Quality Health Advisory regions consist of the following: New York City Metro, which includes New York City, Rockland, and Westchester counties, and Lower Hudson Valley, which includes Sullivan, Ulster, Dutchess, Orange, and Putnam counties.

Governor Hochul Urges New Yorkers Across the State to Prepare for Extreme Heat on Thursday

 

Heat Advisories Already in Effect through Friday with Heat Index Values Forecast in the High 90s and Low 100s on Thursday

Governor Hochul Encourages New Yorkers To Visit Regional Cooling Centers, Stay Indoors and Check on Vulnerable Neighbors

 Governor Kathy Hochul today urged New Yorkers to prepare for dangerous heat conditions impacting many regions throughout the State on Thursday. High heat and humidity will cause heat index values to reach or exceed 100 degrees in the Capital Region, Mid-Hudson, New York City and Long Island regions, with indices in the high 90s in parts of the Finger Lakes, Central New York, Mohawk Valley and Southern Tier regions. The National Weather Service has issued heat advisories for many of these regions, which are currently in effect through Friday.

"More dangerous heat is on the way for many New Yorkers and I'm urging everyone to prepare for high humidity and temperatures later this week," Governor Hochul said. "My administration is closely watching the forecast and will provide support to any communities needing assistance this week as we experience heat index values reaching and exceeding the 100s beginning on Thursday."

New York State Division of Homeland Security and Emergency Services Commissioner Jackie Bray said, "New Yorkers should prepare now for extreme heat expected to impact much of the state starting on Thursday this week. We are monitoring weather conditions and working with local government partners to ensure they have what they need during this week's heat. As we once again face dangerous temperatures, New Yorkers should plan ahead to stay cool: keep strenuous outdoor activity to a minimum, stay hydrated, don't leave pets or small children outside for extended periods of time and know how to spot signs of heat-related illness."

New Yorkers should monitor local weather forecasts for the most up-to-date information. For a complete listing of weather watches, warnings, advisories and latest forecasts, visit the National Weather Service website.

The New York State Department of Health also reminds New Yorkers that heat is the number one weather-related killer in the United States. Heat-related deaths and illness are preventable, yet annually many people suffer from the effects of extreme heat. Some individuals are at a higher risk for heat-related illness than others. New Yorkers should learn the risk factors and symptoms of heat-related illness to protect themselves and those they love.

Symptoms of heat stroke include:

• Hot, dry, red skin
• A rapid pulse
• Rapid and shallow breathing
• A body temperature higher than 105 degrees
• Loss of alertness, confusion, and/or loss of consciousness

You can also find more information about where you can locate a Cooling Center near you and other helpful extreme heat-related advice, by visiting the New York State Department of Health's emergency weather webpage.

Summer heat can lead to the formation of ground-level ozone, a major component of photochemical smog. DEC and DOH will issue Air Quality Health Advisories when DEC meteorologists predict levels of pollution, either ozone or fine particulate matter, are expected to exceed an Air Quality Index value of 100. Information about the Air Quality forecast for New York State can be found here.

A drought watch remains in effect for 21 New York counties. The counties under drought watch are Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Nassau, Niagara, Onondaga, Ontario, Orleans, Schuyler, Seneca, Steuben, Suffolk, Tompkins, Wyoming, and Yates. New York State is encouraging residents in affected counties, particularly those dependent on private groundwater wells, to conserve water whenever possible during the coming weeks. For water-saving tips, visit DEC's webpage at dec.ny.gov/lands/5009.html. For more information about drought in New York, go to: dec.ny.gov/lands/5011.html.

DEC issued the following suggestions for outdoor recreation in hot weather to avoid heat exhaustion or heat stroke that could cause a dangerously high body temperature:

• Wear sunscreen
• Slow your pace
• Drink water and rest more often
• Seek shade and avoid long periods in direct sunlight
• Do not hike in extremely hot weather

New York State Department of Health Commissioner Dr. Mary T. Bassett said. "During extreme temperatures, heat-related illnesses happen when the human body can no longer cool itself. The most common illnesses are heat stroke, heat exhaustion, and heat cramps. Recognizing the signs and symptoms of heat-related illnesses is especially important for older adults and children, and as Governor Hochul recommends, taking basic precautions will protect against experiencing health issues due to dangerous temperature levels."

Agency Preparations

Division of Homeland Security and Emergency Services

The New York State Division of Homeland Security and Emergency Services' Emergency Operations Center is monitoring the weather forecast with a close eye on the heat index this week. DHSES is communicating with local emergency managers across the state and will coordinate any potential State agency response to aid local governments. The State's stockpiles are equipped to deploy resources, as needed, throughout impacted parts of the state.

Department of Public Service

The New York State Department of Public Service (DPS) is tracking electric system conditions and overseeing utility response to any situations that may arise as a result of this week's extreme heat. New York's utilities have approximately 5,500 workers available, as necessary, to engage in damage assessment, response, repair, and restoration efforts across New York State for any weather-related impacts this week. Agency staff will track utilities' work throughout the event and ensure utilities shift appropriate staffing to regions that experience the greatest impact.

Heat Tips

Excessive heat is the leading cause of preventable, weather-related deaths each year, particularly among the elderly. According to the Centers for Disease Control and Prevention, heat causes more than 600 preventable deaths in the United States every year. To help New Yorkers stay safe during excessive heat, follow the below guidance:

Be Prepared

Taking precautions to avoid heat exhaustion is important, and this includes adjusting your schedule to avoid the outdoors during the hottest hours of the day and modifying your diet and water intake when possible.

• Taking precautions to avoid heat exhaustion is important, and this includes adjusting your schedule to avoid the outdoors during the hottest hours of the day and modifying your diet and water intake when possible.
• Reduce strenuous activities and exercises, especially during peak sunlight hours.
• Exercise should be conducted early in the morning, before 7 a.m.
• Eat less protein and more fruits and vegetables. Protein produces and increases metabolic heat, which causes water loss. Eat small meals but eat more often. Do not eat salty foods.
• Drink at least two to four glasses of water per hour during extreme heat, even if you do not feel thirsty. Avoid beverages containing alcohol or caffeine.
• If possible, stay out of the sun and stay in air conditioning. The sun heats the inner core of your body, resulting in dehydration. If air conditioning is not available, stay on the lowest floor, out of the sunshine, or go to a public building with air conditioning
• If you must go outdoors, wear sunscreen with a high sun protector factor rating (at least SPF 15) and a hat to protect your face and head.
• When outdoors, wear loose-fitting, lightweight, and light-colored clothing. Cover as much skin as possible to avoid sunburn and over-warming effects of sunlight on your body.
• Never leave children, pets or those who require special care in a parked vehicle, especially during periods of intense summer heat. Temperatures inside a closed vehicle can reach over 140 degrees Fahrenheit quickly. Exposure to such high temperatures can kill within a matter of minutes.
• Try to check on your neighbors during a heat wave, especially if they are elderly, have young children or have individual needs. Make sure there is enough food and water for your pets.
• Prolonged exposure to the heat can be harmful and potentially fatal. Call 911 if you or someone you know shows signs or symptoms of heat illness, including headache, light headedness, muscle cramps, nausea, and vomiting.

Conserve Electricity

Taking smart steps to reduce energy use, particularly during periods of peak demand, not only helps to lower the state's peak load but also saves consumers money when electricity is the most expensive. To reduce energy use, particularly during peak periods, the public is encouraged to take some of the following low- or no-cost energy saving measures:

• Close drapes, windows, and doors on your home's sunny side to reduce solar heat buildup.
• Turn off air conditioners, lights, and other appliances when not at home and use a timer to turn on your air conditioner about a half-hour before arriving home. Use advanced power strips to centrally "turn off" all appliances and save energy.
• Fans can make rooms feel 10 degrees cooler and use 80 percent less energy than air conditioners.
• If purchasing an air conditioner, look for an ENERGY STAR qualified model, which uses up to 25 percent less energy than a standard model.
• Set your air conditioner at 78 degrees or higher to save on your cooling costs.
• Place your air conditioner in a central window, rather than a corner window, to allow for better air movement.
• Consider placing the unit on the north, east or the best-shaded side of your home. Your air conditioner will have to work harder and use more energy if it is exposed to direct sunlight.
• Seal spaces around the air conditioner with caulking to prevent cool air from escaping.
• Clean the cooling and condenser fans plus the coils to keep your air conditioner operating efficiently and check the filter every month and replace as needed.
• Use appliances such as washing machines, dryers, dishwashers and ovens early in the morning or late at night. This will also help reduce humidity and heat in the home.
• Use energy-efficient, ENERGY STAR qualified light bulbs instead of standard incandescent light bulbs, and you can use 75 percent less energy.
• Microwave food when possible. Microwaves use approximately 50 percent less energy than conventional ovens.
• Dry clothes on a clothesline. If using a clothes dryer, remember to clean the dryer's lint trap before every load.
• Be mindful of the different ways you're consuming water throughout your home. Instead of using 30 to 40 gallons of water to take a bath, install a low-flow showerhead, which uses less than 3 gallons a minute.
• Lowering the temperature setting on your wash machine and rinsing in cold water will reduce energy use.
• Additional tips on how to conserve energy are available on NYSERDA's website here.

Safety Tips for ALL Bodies of Water

• Adult Supervision. This is the number one way to prevent drowning. Never leave a child unattended in or near water, and always designate a Water Watcher. This person should not be reading, texting, using a smartphone, drinking alcoholic beverages, or otherwise distracted.
• Choose bright colors. Studies show the color of one's bathing suit can make a difference in visibility. Consider the color of your child's swimsuit before heading to a pool, beach or lake. For light-bottomed pools, neon pink and neon orange tend to be the most visible. For lakes and dark-bottomed pools, neon orange, neon green and neon yellow tend to be the most visible.
• Identify swimmers in need of help. While we tend to think that swimmers in trouble will be waving their hands and making lots of noise, this may not always be the case. Watch out for people whose heads are low in the water (mouth submerged) or tilted back with mouth open, eyes closed or unable to focus, legs vertical in the water, or who are trying to swim but not making progress.
• Swimming Lessons. Multiple studies show swimming lessons prevent drowning. Learn how to swim and teach your child how to swim.
• Learn CPR. Every second counts and CPR can help in an emergency.

Open Water Safety Tips

• Wear Life Jackets. Put life jackets on kids anytime they are on a boat or participating in other open water recreational activities. Personal flotation devices should always be used for children that do not know how to swim. New York state law requires that children under 12 wear a Coast Guard-approved life vest on a boat or water vessel. For more information on proper life jackets, go to the United States Coast Guard site.
• Choose a spot on the beach close to a lifeguard, and swim only when a lifeguard is on duty.
• Watch for warning flags and know what they mean. Green flags usually mark designated swimming areas - be sure to swim between the green flags. Yellow flags may denote a surfing beach or an advisory. Red flags indicate a danger or hazard, and no one should swim when they are shown. Flag designations may vary so be sure to understand the color coding before you dive in.
• Watch out for rip currents. Rip currents are powerful currents moving away from shore. They tend to form near a shallow point in the water, such as a sandbar, or close to jetties and piers and can happen at any beach with breaking waves, including the Great Lakes! They are the number one hazard for beachgoers and can pull even the strongest swimmers out to sea. If you are caught in a rip current, try to remain calm and don't fight it. Swim parallel to the shore until you are out of the current, and float or tread water if you begin to tire. More from the National Weather Service, Break the Grip of the Rip!
• Beware of large waves and strong surf. Ocean swimming is different from swimming in a calm pool or lake. Large waves can easily knock over an adult. Be prepared for strong surf as well as sudden drop-offs near the shore.

Pool Safety Tips

• Put Up Barriers. Install appropriate safety barriers around in-home pools and spas. This includes fences, gates, door alarms and covers.
• Pool Alarms. Install a pool alarm to detect and provide notification of unattended pool access.
• Small Pools. Drain and put away smaller portable pools when not in use.
• Cover Drains. Keep children away from pool drains, pipes, and other openings to avoid them getting stuck. Children's hair, limbs, jewelry or bathing suits can get stuck in a drain or suction opening. Also, ensure any pool and spa you use has drain covers that comply with federal safety standards, which include drain shape, drain cover size, and rate of water flow. Learn more here.

Campfire Safety Tips

Due to dry conditions, Extra caution should be exercised when enjoying a campfire or utilizing grills. When camping, fires of any kind must be contained within designated areas and always supervised by an adult. Never leave a campfire unattended. Even a small breeze could cause a flame or ember to catch dry grass or underbrush and spread quickly. When fires or grills cannot be properly monitored, ensure that they are fully extinguished.

Last month, Governor Hochul announced actions that State agencies and authorities will advance to help address the impacts of extreme heat on disadvantaged communities and other New Yorkers vulnerable to the effects of increasingly high temperatures driven by climate change. The interim recommendations represented the first phase of a more comprehensive Extreme Heat Action Plan that will identify State-led actions that address the structural drivers of extreme heat and its disproportionate impact on New York's most vulnerable communities. For additional information about the impacts of extreme heat, go to dec.ny.gov/energy/125801.html.

Career and Violent Criminals Are Exploiting New York's Criminal Justice System

 

Mayor Adams, Police Commissioner Sewell Highlight Frequent Recidivists – Call for Targeted Changes Needed to Sustain Reforms and Protect New Yorkers

The number of recidivists for several crimes has steadily increased in recent years

 Mayor Eric Adams and Police Commissioner Keechant L. Sewell today released new data highlighting the increase in recidivism in New York. They released a list of the top ten recidivists in the city and called for changes to stop rampant recidivism, erase the perception among criminals that there are no meaningful consequences for crime, and restore government’s focus on the victims of crime and disorder.

In addition to other reforms, the Mayor and the Police Commissioner believe judges must be allowed to remand defendants at arraignment when they are deemed a risk to public safety based on the severity of their alleged crimes or their history of recidivism. New York State is now the only state in the country where a judge is barred from considering the danger an offender poses when deciding whether or not to set bail.

“The hardworking women and men of the NYPD are doing the work, but the overall system is failing New Yorkers by allowing repeat offenders back out on the streets over and over again,” said Mayor Adams. “Time and time again, our police officers arrest someone who has multiple charges, but no matter how many times this person may have been arrested before, they are often walking free hours later. There is almost no accountability, and that makes us all less safe. I fought against abuses in the criminal justice system as an officer and as founder of 100 Black Men in Law Enforcement, and I know it is possible to keep New Yorkers safe, while serving justice at the same time. We need targeted, strategic, smart fixes to our laws that focus on the small number of people that are driving crime — the few hundred serial offenders in custody who are taking advantage of the system and exploiting reforms every day. We must stop this revolving door of injustice.”

“Let’s be clear: Nonviolent, first-time offenders deserve a second chance, as the spirit of the state’s 2020 criminal justice reforms envisioned,” said Police Commissioner Sewell. “However, judges should be given the ability to hold career and violent criminals in custody pending trial. We need to maintain the reforms we all agree on – yet at the same time, pull together to keep New Yorkers from being harmed. Our collective focus must be on the victims of crime.”

Recidivism has increased in recent years, and in some categories, the increases have been significant. The number of individuals arrested three or more times in a calendar year for crimes including robbery, burglary, and grand larceny, among others, has increased through the first six months of 2022, compared with crime in the years prior to the onset of the global pandemic. For example, 211 individuals logged at least three arrests for burglary through June 2022, a 142.5% increase compared with the 87 individuals arrested at least three times for burglary in the first six months of 2017. For shoplifting, 899 people have been arrested three times for that crime through June 2022, an 88.9% increase over the 476 individuals arrested three times for shoplifting through June of 2017.

Nonetheless, with a reduced headcount, and a streamlined overall budget, police officer productivity is on the rise.

So far, in calendar 2022, overall arrests by police officers have increased by 24% compared with the same period a year ago. More specifically, arrests for the seven major felony crimes are up by approximately 29% compared with the same period in 2021. Firearms arrests are at a 27-year high, as the NYPD has taken more than 4,300 guns off the streets through the end of July.

Additionally, criminal court summonses are up 10%, while parking summonses are up by 23% and moving summonses are up by 15% compared to the same period a year ago.

Officers of the NYPD are working around the clock, giving their all to help make New York safe – and the city this year is safer: The numbers of murders and shootings are both on the decline through the first seven months of the year, compared to the same period in 2021.

Yet, for many of the most serious criminals, the city’s criminal justice system has created a revolving-door of no-consequences for wrongdoing that is allowing them right back onto the streets to prey on innocent victims. Today, nearly 25% of those arrested for burglary go on to commit another felony within 60 days, a sharp increase compared with 2017, when 8% of accused burglars were arrested for another felony within 60 days. Analyses for the offenses of Grand Larceny, Grand Larceny Auto, and Petit Larceny, show nearly identical increases for 2021 compared with 2017. And, those recidivism rates for those crimes have not improved in calendar 2022.

This “no consequences” landscape must end.

To understand the damaging effect on the city, consider the list, below, representing notable, recent recidivists who have repeatedly victimized New Yorkers. For individuals with criminal histories for reoffending, as well as for criminals who commit severe or violent crimes, judges must be provided the discretion to discern the best method of ensuring that they do not victimize more New Yorkers and make our communities less safe.

These worst-of-the-worst recidivists include:

• A high-volume offender with 101 career arrests – 88 of which have occurred since 2020.
• A repeat offender arrested 57 times since 2020 – with 23 of those arrests for burglary. The individual is currently free on parole.
• A recidivist with 87 arrests, 25 of them since 2020, and 9 of those involving a robbery charge. This individual is also free on the city’s streets at this time.
• An individual with 48 career arrests, including 39 since 2020. This individual has logged 17 grand larceny arrests and has 10 open warrants.
• A recidivist currently free despite a record of 63 total arrests, including 39 since 2020. This individual has 13 arrests for grand larceny auto.

The NYPD has long championed reform – to reflect what a majority of New Yorkers have expressed as their desire for effective and fair law enforcement. But these trends are alarming and indisputable. We cannot continue to allow a limited number of dangerous recidivists to exploit current bail laws to repeatedly victimize innocent New Yorkers. Together, all forces of government must pull together to fix the laws, return our system to pre-pandemic functionality, and continue to make our city and its people safer.

Attorney General James Fights to Protect Transgender Students’ Rights

 

AG James is Co-Leading a Coalition of 22 Attorneys General in Filing an Amicus Brief to Protect an Indiana Transgender Student Against Gender-Based Discrimination

 New York Attorney General Letitia James took legal action to protect transgender students’ rights. Co-leading a coalition of 22 attorneys general, Attorney General James filed an amicus brief in the case of A.C. v. Metropolitan School District of Martinsville opposing the school district’s efforts to bar a transgender male student from using the boys’ bathroom. The student, A.C., was forced to use a single-sex restroom located in the school's medical clinic rather than be allowed to use any of the boys’ restrooms throughout the school.

“Attacking the rights of transgender students is an attack on our basic values and constitutional rights, and that cannot be tolerated,” said Attorney General James. “By empowering individuals through inclusive policies and respect, we help create a more equitable society and ensure everyone is able to realize their full potential, free of discrimination. I will continue to stand up and fight against efforts to strip away rights and refuse to accept people who for they truly are.”

The brief — filed in the U.S. Court of Appeals for the Seventh Circuit — argues for the court to affirm a lower court ruling requiring the Metropolitan School District of Martinsville, Indiana to allow A.C. to use the boys’ bathroom. The coalition of attorneys general note that preventing a transgender student from using a school restroom consistent with the student’s gender identity violates Title IX of the Education Amendments of 1972 by denying transgender boys and girls access to the same common restrooms that other boys and girls may use. The amicus brief also demonstrates that inclusive policies that maintain sex-segregated spaces while permitting transgender people to use a facility that aligns with their gender identity help to ease the stigma transgender people often experience, with positive effects for their educational and health outcomes.

The brief also notes that over 1.6 million people in the United States, including approximately 300,000 youth between the ages of 13 and 17, identify as transgender. Despite these Americans’ significant contributions to their communities, they unfortunately often experience discrimination that limits their ability to realize their potential and that transgender youth experience levels of discrimination, violence, and harassment that exceed those experienced by their cisgender counterparts. The attorneys general’s amicus brief demonstrates that protecting transgender people from discrimination yields broad benefits without compromising privacy or safety, and that nondiscriminatory restroom policies produce important benefits and pose no safety concerns.

Attorney General James has repeatedly fought for the rights of transgender individuals. In November 2021, Attorney General James co-led a coalition of 23 attorneys general in challenging a Florida School District’s policy to prohibit transgender students from using bathrooms which corresponded with their gender identity. In October 2021, Attorney General James led a multi-state coalition of attorneys general to support transgender students seeking to participate in sex-segregated school sports consistent with their gender identity. Additionally, in November 2019, Attorney General James successfully co-led a coalition of attorneys general in the fight to support the rights of transgender students to use bathrooms in line with their gender identity in the case Gavin Grimm v. Gloucester County School Board in the U.S. Court of Appeals for the Fourth Circuit.

Joining Attorney General James in filing the brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia.