Few Schools Act as Trump’s DEI Elimination Deadline Looms

Schools and colleges across the United States are facing a looming deadline to eliminate diversity programs or risk losing federal funding as per directives from the Trump administration. Despite the deadline, few educational institutions appear to be hastily altering their programs. Many colleges and schools are confident in their legal position and believe that the process of terminating federal funding would be unprecedented and highly complex.

State education officials in both Washington and California have advised schools that the Trump administration’s deadline does not necessitate immediate action nor alter federal laws. Similarly, New York City schools have maintained their current policies and curriculum.

Some university leaders have dismissed the administration’s directive entirely. For instance, Antioch University’s head stated that the majority of higher education would not comply unless there was a change in federal law, while the president of Western Michigan University encouraged staff to continue as usual.

The administration’s memo, released on February 14, indirectly implied that educational institutions discontinue practices that differentiate people based on race. On Thursday, the Department of Education launched an “End DEI” portal allowing students, parents, and others to report instances of discrimination based on race or sex in public schools. Information gathered could be used to determine future investigations.

Critics argue that the memo overreaches, potentially impacting classroom instruction on racism, recruitment efforts in diverse locales, and voluntary student bodies like Black student unions. Education organizations recommend a cautious approach, warning against premature program cuts that could be irreversible. Ted Mitchell, president of the American Council on Education, has reassured colleges that if they complied with federal laws before the memo, they still do.

The possibility of losing federal funds poses a significant threat to educational institutions but enforcing such penalties is not a speedy process. The Department of Education’s civil rights office, even before staff reductions under Trump, had fewer than 600 employees compared to over 18,000 school districts and 6,000 colleges nationwide. Federal funding withdrawal is a lengthy process; an investigation beginning in 2022 into Michigan’s education agency is still unresolved.

Catherine Lhamon, former leader of the Department’s Office for Civil Rights, hopes schools will adhere to inclusive principles. However, some institutions feel the risk is too great to resist, such as the University of Cincinnati, which is evaluating diversity-related positions and removing related content from its website.

Ohio State University has announced the closure of its Office of Diversity and Inclusion, citing pending state legislation against DEI. Likewise, Colorado State University’s chancellor advised compliance due to potential repercussions on students and staff.

In Republican-majority states, some superintendents praised the memo, viewing it as a proper directive against using race in decision-making. The memo, though lacking legal authority, reflects a broader interpretation of nondiscrimination laws, extending a 2023 Supreme Court decision on race in college admissions to various educational aspects.

The American Federation of Teachers is challenging the guidance in court, citing violations of free speech laws. Certain districts have started removing equity-related language from their websites, though many educational leaders remain unclear on the broader implications of the memo.

Despite some concerns about prompt compliance, cooler heads are reportedly prevailing, according to Liz King from the Leadership Conference on Civil and Human Rights, highlighting the importance of maintaining trust and relationships within educational communities.

President Trump has utilized federal funding as leverage to push his policy agenda on several contentious issues, including gender identity in sports and race-related teaching. Civil rights investigations typically span over six months, with ample opportunities for schools to align with federal regulations. Only through refusal to comply can the Department initiate funding revocations, which involve a series of legal proceedings.

Historically, withdrawing federal funds from schools has been rare. The Capistrano Unified School District in California faced such a threat in 1992 after retaliating against a teacher over discrimination complaints, but ultimately reinstated the teacher, avoiding any loss of funding.