States ordered by U.S. Education Department to certify school DEI ban or lose funds

WASHINGTON — The U.S. Department of Education demanded in a letter to state education leaders on Thursday that they certify all K-12 schools in their states are complying with an earlier Dear Colleague letter banning diversity, equity and inclusion practices if they want to keep receiving federal financial assistance.

The department’s sweeping order gives K-12 state education agencies 10 days to collect the certifications of compliance from local school governing bodies, and then sign them and return them to the federal department.

The new demand stems from a February letter threatening to rescind federal funds for schools that use DEI, or race-conscious practices, in admissions, programming, training, hiring, scholarships and other aspects of student life.

Craig Trainor, the department’s acting assistant secretary for civil rights, said “federal financial assistance is a privilege, not a right,” in a statement Thursday.

“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Trainor said. He added that “unfortunately, we have seen too many schools flout or outright violate these obligations, including by using (diversity, equity and inclusion) programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”

He did not cite examples in the statement.

Trainor said the department “is taking an important step toward ensuring that states understand — and comply with — their existing obligations under civil rights laws and Students v. Harvard.”

In the February letter, Trainor offered a wide-ranging interpretation of a U.S. Supreme Court ruling in 2023 involving Harvard University and the University of North Carolina. The nation’s highest court struck down the use of affirmative action in college admissions.

Trainor wrote that though the ruling “addressed admissions decisions, the Supreme Court’s holding applies more broadly.”

The four-page letter raised a slew of questions for schools — from pre-K through college — over what exactly falls within the requirements.

The department later released a Frequently Asked Questions document on the letter in an attempt to provide more guidance.

In the document, the department noted that it’s prohibited from “exercising control over the content of school curricula” and “nothing in Title VI, its implementing regulations, or the Dear Colleague Letter requires or authorizes a school to restrict any rights otherwise protected by the First Amendment.”

The agency also clarified that “programs focused on interests in particular cultures, heritages, and areas of the world” are allowed as long as “they are open to all students regardless of race.”

Teachers unions react

Meanwhile, legal challenges are already underway against the Dear Colleague letter, including one spearheaded by the American Federation of Teachers and another from the National Education Association.

“In the middle of a school year, the president is trying to bully the very same school districts that he insisted, just a few weeks ago, should be in charge of education,” Randi Weingarten, president of the American Federation of Teachers, said in a Thursday statement.

Weingarten added that “this is a power grab and a money grab — and it’s also blatantly unlawful.”

“We know the administration wants to divert federal education funds into block grants, vouchers or tax cuts, but it’s simply not legal; only Congress can do that. Further, federal statute explicitly prohibits any president from telling schools and colleges what to teach, and funds cannot be withheld on the basis of Title VI Civil Rights Act claims without due process,” she said.

In a Thursday statement, Becky Pringle, president of the National Education Association, said “educators and parents know that teaching should be guided by what is best for students, not by threat of illegal restrictions and punishment.”

“That is why we sued the Trump administration — and we stand by our lawsuit,” she said.

“This latest action by the Trump administration to shut down free speech and coerce educators to abandon inclusive practices at school remains illegal and unconstitutional as we pointed out in our legal filing,” she added.

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