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New York state officials have told the Trump administration that they will not comply with its demands to end diversity, equity and inclusion practices in public schools, despite the administration’s threats to terminate federal education funding.
Daniel Morton-Bentley, counsel and deputy commissioner of the state Department of Education, said in a letter dated Friday to the federal Education Department that state officials do not believe 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,’” he wrote. “But there are no federal or State laws prohibiting the principles of DEI.”
Morton-Bentley also wrote state officials were “unaware” of any authority the federal Department of Education has to demand that states agree with its interpretation of court decisions or to terminate funding without a formal administrative process.
The U.S. Department of Education did not immediately respond to emailed requests for comment.
The Trump administration on Thursday ordered K-12 schools nationwide to certify within 10 days that they are following federal civil rights laws and ending any discriminatory DEI practices, as a condition for receiving federal money. Federal funding comprises about 6% of the total funding for New York K-12 schools.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement when the demand was made. He said many schools have flouted their legal obligations, “including by using DEI programs to discriminate against one group of Americans to favor another.”
The certification demand asked state and school leaders to sign a “reminder of legal obligations” acknowledging their federal money is conditioned on compliance with federal civil rights laws. It also demands compliance with several pages of legal analysis written by the administration.
