Blue States Prepare To Battle Trump Over DEI Programs, With Billions in Federal Funding on the Line

A slew of blue states stretching from New York to California are preparing to do battle with President Trump over his demand that they do away with any discriminatory diversity, equity and inclusion, or DEI, practices or lose billions in federal funding.The U.S. Education Department on April 3 sent a notice to all states telling them they have 10 days to sign and return a certification, which the department called a “reminder of legal obligations,” in which they acknowledge that federal funding is tied to compliance with civil rights laws. On Monday, the deadline was extended to April 24.“Federal financial assistance is a privilege, not a right,” the acting assistant secretary for civil rights, Craig Trainor, said in a statement. “When state education commissioners accept federal funds, they agree to abide by federal anti-discrimination requirements. Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics.”While most public school education spending comes from state and local tax bases in America, the federal government contributes more than 13 percent of the roughly $850 billion spent on public K-12 schools across the country. Much of it goes through the Department of Education, but the U.S. Department of Agriculture pitches in for school nutrition programs.New York was among the first states to inform the Trump administration that they will not comply with its demands to end DEI practices in public schools. A deputy commissioner of the state Department of Education, Daniel Morton-Bentley, said in a letter to the Education Department that state officials don’t think the federal agency has the authority to make such demands.“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,” he wrote.California followed suit, signaling it was prepared to fight the order in court. Shortly after the federal Education Department sent out its notice, the California Department of Education sent a letter to school district superintendents questioning the authority of the federal government to take such an action. The letter said California schools “have already submitted such assurances” and compliance is “monitored annually through … multiple accounting mechanisms,” The Los Angeles Times reports.The moves by the nation’s two largest states have emboldened other states to join the revolt. On Tuesday, Josh Shapiro, the Democratic governor of Pennsylvania, said he is “very concerned” about the Trump administration’s threats to withhold federal funding.Mr. Shapiro said he doesn’t know whether to take Mr. Trump seriously. “At this point, I think a lot of us are seeking clarity on what the Trump administration means by most of the executive orders he signs, which tend to be more about press releases and less about actual legally binding teeth,” he said. Mr. Shapiro urged the state’s congressional delegation to not “go along with cutting funding that impacts each and every one of our school districts.”Also this week, Chris Reykdal, Washington state’s school superintendent, declared he will not sign the Trump administration’s order to end the DEI practices in public schools, saying the state already follows requirements set out in federal law.Mr. Reykdal also questioned the legality of Trump’s order, writing that “states have the authority to adopt their own learning standards, curriculum, and instructional materials. … We will not sign additional certifications that lack authority, lack clarity, or are an assault on the autonomy of states and local school districts by misapplying a higher education admissions case. It would be irresponsible to do so.”The Minnesota Department of Education also pushed back. Singing from the same hymn book, the state’s Department of Education commissioner, Willie Jett, sent a letter to the U.S. Department of Education questioning its legal authority to issue such a demand.“There is nothing unlawful in the principles underlying programs that promote diversity, equity, and inclusion,” Mr. Jett wrote, noting that Congress, not the president, sets federal funding for schools. Like other states fighting the order, he also said his state already adheres to federal civil rights laws.The whole mess is likely to end up in court, especially if the president follows through on his threat to cut federal funding for states that don’t comply. Federal officials cite a 2023 Supreme Court decision that bans race-based affirmative action in college admissions, which they say applies to DEI programs. While that case did not directly address primary and secondary public schools that receive federal funding, the Trump administration argues that it is against the law to consider race in any school programs, including those that provide extra academic support for minority students.The Washington state school superintendent says the Trump administration is stepping on states’ rights. “This is the latest attack against the rights of states to have civil rights frameworks that exceed the federal minimum standards,” Mr. Reykdal wrote. “This is also an attempt to erase diversity, equity, and inclusion (DEI) practices that, for decades, have helped bring greater opportunities to more students.”

Blue States Prepare To Battle Trump Over DEI Programs, With Billions in Federal Funding on the Line

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