N.Y. tells Trump administration it won't comply with anti-DEI school order

Washington Post

06-04-2025

The New York State Education Department has notified the federal government it won't comply with orders to eliminate diversity, equity and inclusion programs — pushing back against the Trump administration's efforts to pressure public schools around the country by threatening to withdraw federal funding.
Daniel Morton-Bentley, counsel and deputy commissioner for legal affairs for the State Education Department, wrote in a letter dated Friday that, based on its interpretation of court rulings, the agency is 'unaware of any authority' the federal government has to demand that states eliminate DEI programs or to rescind federal funding if they do not comply.
'We understand that the current administration seeks to censor anything it deems 'diversity, equity & inclusion' (DEI). But there are no federal or State laws prohibiting the principles of DEI,' Morton-Bentley wrote in the letter, which was addressed to the U.S. Department of Education's Office for Civil Rights.
The Education Department did not immediately respond to a request for comment early Sunday.
The federal government provides about 10 percent of K-12 funding nationally. In New York, schools are mostly funded by local tax revenue and state funds, but the federal government contributes even less assistance: For example, in the 2024-2025 school year, about 5 percent of New York City Public Schools' $40 billion budget came from federal funds.
The Trump administration has also targeted higher education institutions over DEI and allegations that they are not doing enough to combat antisemitism on their campuses. Columbia University in New York City recently agreed to implement new security and internal oversight measures and review its admissions and disciplinary practices after the Trump administration cut access to $400 million in federal contracts and grants to the university.
Many universities have tried to insulate themselves from similar cuts by not vocally criticizing the administration and by pledging to review their programs for any unintended discriminatory practices — prompting critics to accuse them of failing to defend academic freedom. But K-12 schools had — until recently — received less scrutiny from the Trump administration.
The U.S. Education Department asked state commissioners overseeing K-12 agencies on Thursday to 'certify their compliance with their antidiscrimination obligations' in order to continue receiving federal funding — including by confirming that they do not use DEI programs 'to advantage one's race over another.'
That letter cited several state and federal laws and regulations, including Title VI of the Civil Rights Act — which prohibits discrimination on the basis of race, color or national origin, in programs receiving federal funds — and a 2023 Supreme Court ruling that struck down race-based affirmative action in college admissions but did not address the practice in K-12 schools.
In a statement accompanying the letter, acting assistant secretary for civil rights Craig Trainor said federal education funding is 'a privilege, not a right.'
Trainor said that DEI programs are a form of discrimination 'against one group of Americans to favor another based on identity characteristics in clear violation of Title VI' and that the letter to state education commissioners was meant to ensure 'states understand — and comply with — their existing obligations under civil rights laws' and the Supreme Court case Students for Fair Admissions v. President and Fellows of Harvard College.
The Trump administration has made claims about the effects of the court's ruling in that case that go beyond what many legal experts say it supports. In one case, the administration said the ruling prohibits any effort to increase diversity in a school's student body, even through what are known as race-neutral actions, such as increasing financial aid for low-income students.
The administration has made clear that, under its reading of civil rights law and Supreme Court precedent, it is illegal to consider race in any way, including efforts aimed at helping students of color close persistent education gaps and feel included in schools, along with other DEI work. Its interpretation differs sharply from the Biden administration's directives. It's unclear whether the Supreme Court's decision in the admissions case reaches as far as the Trump administration argues.
In his response to the U.S. Education Department, Morton-Bentley said the Supreme Court ruling in Students v. Harvard 'does not have the totemic significance that you have assigned to it.'
'This case prohibits consideration of race in college admissions. USDOE is entitled to make whatever policy pronouncements it wants — but cannot conflate policy with law,' he wrote.
Morton-Bentley said the New York State Education Department had already certified its compliance with Title VI and had previously informed its local education agencies of their compliance requirements, adding that 'no further certification will be forthcoming.'
The New York State Education Department sets the state's education policy and oversees all New York public schools, including in New York City, which is the largest district in the United States.
Morton-Bentley added in his letter that the federal guidance had radically shifted since President Donald Trump's first term. He noted that in 2020, Secretary Betsy DeVos told Education Department employees 'that '[d]iversity and inclusion are the cornerstones of high organizational performance'' and 'that 'embracing diversity and inclusion are key elements for success' for 'building strong teams.''
'USDOE has provided no explanation for how and why it changed positions,' he wrote.