New York state has firmly rejected the Trump administration’s directive to discontinue diversity, equity, and inclusion (DEI) initiatives in public schools. This response comes despite warnings that federal education funding might be withdrawn if they do not comply. In a recent letter to the federal Department of Education, Daniel Morton-Bentley, counsel and deputy commissioner of the state Department of Education, expressed the state’s stance.
Morton-Bentley asserted that the federal agency does not possess the jurisdiction to mandate such changes, stating, “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 highlighted that state officials were “unaware” of any real authority the federal agency might claim to terminate funding without a legitimate process.
The Trump administration had issued an ultimatum to K-12 schools across the country, requiring them to confirm they are adhering to federal civil rights laws within ten days. This confirmation was tied to the potential cessation of federal funding aimed at DEI programs in schools, with federal aid comprising about 6% of New York’s total K-12 school funding.
Craig Trainor, acting assistant secretary for civil rights, emphasized, “Federal financial assistance is a privilege, not a right.” He argued that some schools use DEI initiatives to lead to discrimination against certain groups while favoring others, stressing a legal compliance requirement with federal civil rights standards.
The administration’s demand specifically endangers Title I funding, which is crucial as it channels billions into schools, particularly those in underprivileged areas. Morton-Bentley pointed out that the federal department was basing its demands on a misinterpretation of legal precepts. New York has already assured compliance with Title VI of the Civil Rights Act of 1964, most recently certified in January.
Morton-Bentley also criticized the current administration’s shift from earlier Trump-era policies. He referenced statements from 2020 by then-U.S. Education Secretary Betsy DeVos, who declared diversity and inclusion essential to organizational success. The administration has yet to explain this change in policy.
Opponents of the Trump administration’s certification requirement argue it contradicts former President Trump’s commitment to returning educational autonomy to local schools and state authorities. The potential financial consequences New York might face echo similar threats issued by the Trump administration against colleges and universities in connection to protests considered antisemitic.
Furthermore, New York state has defied other orders from the Trump administration, such as its opposition to a program intended to fund mass transit in New York City, asserting its position against federal overreach.