Introduction to the Dispute
New York state officials have told the Trump administration that they will not comply with its demands to end diversity, equity and inclusion practices in public schools, despite the administration’s threats to terminate federal education funding.
Background on the Issue
Daniel Morton-Bentley, counsel and deputy commissioner of the state Department of Education, said in a letter dated Friday to the federal Education Department that state officials do not believe the federal agency has authority to make such demands. “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion,’” he wrote. “But there are no federal or State laws prohibiting the principles of DEI.”
Authority and Legal Basis
Morton-Bentley also wrote state officials were “unaware” of any authority the federal Department of Education has to demand that states agree with its interpretation of court decisions or to terminate funding without a formal administrative process. The U.S. Department of Education did not immediately respond to emailed requests for comment.
The Trump Administration’s Order
The Trump administration on Thursday ordered K-12 schools nationwide to certify within 10 days that they are following federal civil rights laws and ending any discriminatory DEI practices, as a condition for receiving federal money. “Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement when the demand was made. He said many schools have flouted their legal obligations, “including by using DEI programs to discriminate against one group of Americans to favor another.”
Details of the Certification Demand
The certification demand asked state and school leaders to sign a “reminder of legal obligations” acknowledging their federal money is conditioned on compliance with federal civil rights laws. It also demands compliance with several pages of legal analysis written by the administration. The demand specifically threatens Title I funding, which sends billions of dollars a year to America’s schools and targets low-income areas.
New York’s Response
Morton-Bentley wrote that the state Education Department has already certified to the federal government on multiple occasions that it is complying with Title VI of the Civil Rights Act of 1964, most recently in January. He said the federal department is basing its demands to end DEI programs on a faulty legal interpretation. “Given the fact that you are already in possession of guarantees by NYSED that it has and will comply with Title VI, no further certification will be forthcoming,” he wrote.
Criticism and Precedent
He also said the administration’s stance is an “abrupt shift” from the one taken by the first Trump administration, citing comments in 2020 made by then-U.S. Education Secretary Betsy DeVos that diversity and inclusion were “cornerstones of high organizational performance." He wrote the administration has provided no explanation of why it changed positions. Critics of the certification demand said it conflicted with Trump’s promise to return education to schools and states. The threat of financial sanctions is similar to ones the Trump administration has been leveraging against colleges in its effort to crack down on protests against Israel that it deems antisemitic.
Conclusion
New York state’s refusal to comply with the Trump administration’s demands regarding DEI practices in public schools reflects a significant dispute over federal authority and the interpretation of civil rights laws. The state’s stance, based on its understanding of the law and its previous compliance certifications, underscores the complexities of federal-state relations in education policy. As this issue unfolds, it will be crucial to monitor the implications for diversity, equity, and inclusion initiatives in schools nationwide.
FAQs
- Q: What is the Trump administration demanding from public schools regarding DEI practices?
A: The administration is demanding that schools certify they are ending any discriminatory DEI practices as a condition for receiving federal money. - Q: What is New York state’s response to the Trump administration’s demands?
A: New York state officials have stated they will not comply, believing the federal agency lacks the authority to make such demands and citing no federal or state laws prohibiting DEI principles. - Q: What federal funding is at risk due to the dispute?
A: The dispute specifically threatens Title I funding, which targets low-income areas. - Q: Has the Trump administration made similar demands in other contexts?
A: Yes, the administration has been leveraging similar financial sanctions against colleges in efforts to address what it deems antisemitic protests against Israel.
