New York state officials have formally rejected the Trump administration’s order that public schools certify that they have ended diversity, equity, and inclusion (DEI) practices, potentially putting federal education funding on the line.
“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.”
In the directive, the department warned that school districts’ continued use of DEI practices seen as racially discriminatory could result in the loss of federal funding.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement. He said many schools have ignored their legal obligations, “including by using DEI programs to discriminate against one group of Americans to favor another.”
“The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences,” the analysis reads, noting that institutions that continue to use DEI practices in violation of federal law may incur “substantial liabilities” that include the prospect of litigation by the Department of Justice.
Morton-Bentley voiced opposition to the Education Department’s request, saying NYSED had already certified its compliance with Title VI earlier this year as part of its approved federal education plan. He said the new certification demand is based on a legally questionable interpretation of both Title VI and the Students for Fair Admissions v. Harvard ruling.
“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.
Morton-Bentley criticized what he described as a sudden policy reversal, pointing to remarks made in 2020 by then-Education Secretary Betsy DeVos, who called diversity and inclusion “cornerstones of high organizational performance.” The current administration has offered no explanation for the change in stance, he wrote.
A spokesperson for the Department of Education said the certification requirement is aimed at reducing discrimination.
“No student should be denied opportunity or treated differently because of their race. When state education commissioners accept federal funding, they undertake the obligation to abide by federal antidiscrimination law,” the spokesperson told The Epoch Times in an emailed statement.
“The Department is simply asking school districts to certify they are following the law and not using race preferences or pernicious race stereotypes in schools.”
The spokesperson also confirmed that the Education Department has extended the original 10-day deadline for compliance, giving school districts until April 24 to submit their certifications.
“To all the entities that continue to allow men to compete in women’s sports and use women’s intimate facilities: there’s a new sheriff in town,” Education Secretary Linda McMahon said in a statement. “We will not allow you to get away with denying women’s civil rights any longer.”
Since returning to the White House for a second term, President Donald Trump has taken executive action to dismantle DEI initiatives in government and taxpayer-funded institutions and to reaffirm the legal definition of sex based on biological characteristics rather than gender identities.
While critics view DEI initiatives as a form of identity-based discrimination that undermines meritocracy, supporters say such policies reduce discrimination and ensure greater representation for historically marginalized groups.
