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New York will not comply with an order from President Donald Trump’s administration to certify that school districts are eliminating diversity, equity and inclusion initiatives, state Education Department officials said in a Friday letter obtained by Chalkbeat.
The letter represents some of the earliest and most forceful pushback to Thursday’s threat that gave state education agencies 10 days to guarantee that no public schools in their states have DEI programs the Trump administration deems illegal — or lose billions of dollars in federal education funding.
Federal officials cited the 2023 Supreme Court decision banning race-based affirmative action in college admissions in arguing that any school DEI program used to “advantage one’s race over another” violates federal Title VI of the Civil Rights Act.
But New York officials countered that the state has already certified on multiple occasions that it follows federal anti-discrimination law, and that the U.S. Education Department has no legal right to threaten to withhold federal funding over its own interpretation of the law.
The state Education Department “is unaware of any authority that USDOE has to demand that a State Education Agency … agree to its interpretation of a judicial decision or change the terms and conditions of [New York State Education Department]’s award without formal administrative process,” wrote Counsel and Deputy Commissioner Daniel Morton-Bentley.
“We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion. ... But there are no federal or State laws prohibiting the principles of DEI,” Morton-Bentley continued. “And USDOE has yet to define what practices it believes violate Title VI.”
The state will not send any “further certification” of compliance with federal law, the letter concluded.
A spokesperson for the U.S. Department of Education did not immediately respond to a request for comment.
Thursday’s DEI directive from the U.S. Department of Education is the latest escalation in a series of moves intended to stamp out efforts to address racism and inequity in schools.
Trump previously signed an executive order threatening to withhold federal funding from schools over “radical indoctrination” in classrooms. The Office of Civil Rights in the U.S. Education Department told districts they could be subject to investigation for any policies that consider race or proxies for race.
Earlier on Friday, Chicago Mayor Brandon Johnson said the city was planning to sue the federal government if it withheld funds because of the order, calling it an “unconstitutional” attack on free speech.
New York officials questioned whether the Supreme Court decision in the college affirmative action case applies to DEI programs in K-12 schools — arguing the case “does not have the totemic significance that you have assigned to it.”
“USDOE is entitled to make whatever policy pronouncements it wants — but cannot conflate policy with law,” Morton-Bentley wrote.
The letter further points out that the Trump administration’s current stance toward DEI is “an abrupt shift” from its position during Trump’s first term, when former education secretary Betsy DeVos told staff that “[d]iversity and inclusion are the cornerstones of high organizational performance.”
Federal money accounts for roughly 10% of education funding nationwide. In New York City, the country’s largest school system, roughly $2 billion a year — or 5% of its total budget — flows from the federal government, including nearly $700 million in Title I funds that support schools with high poverty rates.
Amy Zimmer contributed.
Michael Elsen-Rooney is a reporter for Chalkbeat New York, covering NYC public schools. Contact Michael at melsen-rooney@chalkbeat.org
