By CaraLynn Caulfield
The U.S. Department of Education has referred New York State’s Native American mascot ban to the U.S. Department of Justice for potential enforcement, after state education officials refused to rescind a policy requiring schools—including the Massapequa School District—to retire Indigenous-themed mascots, logos, and team names.
The referral, announced June 17, follows the New York State Education Department (NYSED) and Board of Regents’ rejection of a proposed Resolution Agreement from the Department’s Office for Civil Rights (OCR). The agreement sought to bring the state into compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in federally funded educational programs.
At the center of the federal investigation is Massapequa High School’s longtime “Chiefs” mascot, which state officials ordered retired last year under a statewide directive. OCR found that banning mascots associated with Native American culture—while allowing others, such as the “Dutchmen” or “Huguenots”—amounts to discriminatory treatment.
“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,” U.S. Secretary of Education Linda McMahon said in a statement. “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.”
The investigation, opened on April 25, concluded in late May, with OCR determining that the state’s mascot policy unfairly targets Native American imagery. On May 30, Secretary McMahon visited Massapequa High School to publicly announce the findings and urge the state to rescind its ban. When NYSED refused, the federal agency issued an impasse letter, warning that noncompliance could result in a Justice Department referral—now made official.
In response, NYSED spokesperson JP O’Hare dismissed the investigation as politically motivated and defended the state’s position.
“This referral to the Department of Justice proves the U.S. Department of Education’s investigation was a farce from the beginning,” O’Hare said. “It’s a transparent attempt to curry political favor with the Massapequa Board of Education.”
O’Hare added, “Rather than arguing over mascots, we should all be focused on what truly matters—making sure our schools are inclusive and respectful for every student.” He also noted that 727 school districts across the state have complied with the mascot policy, with only four requesting extensions.
The now-referred Resolution Agreement would have required the state to lift the mascot ban and issue a formal apology to Native American tribes for what the Department of Education characterized as an erasure of Indigenous history.
The Massapequa Board of Education has remained defiant throughout the dispute. In a March 28 letter to the community, board members expressed disappointment after a federal judge dismissed the district’s lawsuit challenging the regulation but pledged to continue advocating for local control.
“While this decision is not the outcome we had hoped for, it does not change our unwavering commitment to protecting and preserving the identity and traditions of our community,” the board wrote. “We firmly believe that decisions about our schools should reflect the voices of the people who live here, not be dictated by the State.”
Long Island Life & Politics reached out to the Massapequa Board of Education for comment but did not receive a response as of press time.