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Screwed up... till tha casket drops!!
New York will not comply with an order from President Donald Trump’s administration to certify that school districts are eliminating diversity, equity and inclusion initiatives, state Education Department officials said in a Friday letter obtained by Chalkbeat.
The letter represents some of the earliest and most forceful pushback to Thursday’s threat that gave state education agencies 10 days to guarantee that no public schools in their states have DEI programs the Trump administration deems illegal — or lose billions of dollars in federal education funding.
Federal officials cited the 2023 Supreme Court decision banning race-based affirmative action in college admissions in arguing that any school DEI program used to “advantage one’s race over another” violates federal Title VI of the Civil Rights Act.
But New York officials countered that the state has already certified on multiple occasions that it follows federal anti-discrimination law, and that the U.S. Education Department has no legal right to threaten to withhold federal funding over its own interpretation of the law.
The state Education Department “is unaware of any authority that USDOE has to demand that a State Education Agency … agree to its interpretation of a judicial decision or change the terms and conditions of [New York State Education Department]’s award without formal administrative process,” wrote Counsel and Deputy Commissioner Daniel Morton-Bentley.
“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,” Morton-Bentley continued. “And USDOE has yet to define what practices it believes violate Title VI.”
The state will not send any “further certification” of compliance with federal law, the letter concluded.
A spokesperson for the U.S. Department of Education did not immediately respond to a request for comment.
Thursday’s DEI directive from the U.S. Department of Education is the latest escalation in a series of moves intended to stamp out efforts to address racism and inequity in schools.
Trump previously signed an executive order threatening to withhold federal funding from schools over “radical indoctrination” in classrooms. The Office of Civil Rights in the U.S. Education Department told districts they could be subject to investigation for any policies that consider race or proxies for race.
Earlier on Friday, Chicago Mayor Brandon Johnson said the city was planning to sue the federal government if it withheld funds because of the order, calling it an “unconstitutional” attack on free speech.
New York officials questioned whether the Supreme Court decision in the college affirmative action case applies to DEI programs in K-12 schools — arguing the case “does not have the totemic significance that you have assigned to it.”
“USDOE is entitled to make whatever policy pronouncements it wants — but cannot conflate policy with law,” Morton-Bentley wrote.
The letter further points out that the Trump administration’s current stance toward DEI is “an abrupt shift” from its position during Trump’s first term, when former education secretary Betsy DeVos told staff that “[d]iversity and inclusion are the cornerstones of high organizational performance.”
Federal money accounts for roughly 10% of education funding nationwide. In New York City, the country’s largest school system, roughly $2 billion a year — or 5% of its total budget — flows from the federal government, including nearly $700 million in Title I funds that support schools with high poverty rates.

Trump gave states 10 days to sign anti-DEI policy. NY Education Department is refusing.
In a Friday letter to the U.S. Education Department, New York officials said they will not certify that the state is eliminating DEI in schools, despite threats to pull federal funding.

Some districts have convened support groups for Black boys, where issues around masculinity, achievement and relationships are discussed. Those groups sometimes also provide academic tutoring or help with college applications.
It seems clear that the Trump administration will not accept these practices. It has already begun investigating Ithaca Public Schools in New York for hosting a series of conferences for students of color, some of which may not have been open to white students.
The document makes clear that it does not matter whether educators are separating students for “a putatively beneficent purpose.”
Over the past decade, many states, school districts and curriculum publishers created new coursework in Black studies and ethnic studies.
The Trump administration’s new guidelines do not explicitly discuss the K-12 curriculum. But in advising colleges, the administration previously stated that classes that “emphasize and focus on racial stereotypes” could “create a hostile environment under Title VI.”
Mr. Trump and his allies have argued in the past that discussions of structural racism and white privilege create a hostile environment for white students, by prompting unnecessary feelings of personal guilt. But the concept of structural racism is central to disciplines like Black studies and ethnic studies, which are increasingly taught in left-leaning states and districts.
Kimberlé Crenshaw, a leading Black studies and legal scholar, said the administration was reaching well beyond established legal precedents, and argued that schools should not rush to accept the administration’s interpretation that civil rights law allows curriculum restrictions.
She warned against what she called “anticipatory obedience — the idea we are going to give more than we are being asked to because we want to be safe.”
Some school districts have created written plans to increase test scores and graduation rates for specific groups of students, such as Black boys.
Those programs often seek to recruit a more diverse set of teachers, to better match student demographics — a hiring practice the Trump administration considers discriminatory. The plans may also mention goals like enrolling more nonwhite students in Advanced Placement courses or gifted programs.
Lots of schools commemorate events like Black History Month or the Lunar New Year, with special reading lists or performances. Some have after-school clubs formed to explore a certain identity.
In its F.A.Q. document for schools, the administration states that heritage groups and celebrations are not inherently problematic, “assuming they are open to all students regardless of race.”
But anti-D.E.I. laws and regulations have spurred some educators to self-censor.
In states like Florida with similar restrictions on D.E.I., schools have sometimes canceled heritage programming in anticipation of it being targeted by conservative lawmakers and activists, and removed library books that touch on Black historical figures or the civil rights movement.
In response to previous Trump executive actions, some Defense Department schools paused Hispanic and Asian heritage groups and canceled Black History Month assemblies and performances.

How Might the Trump Administration Target D.E.I. in Public Schools?
A letter from the administration promised to withdraw funding from schools that allow certain D.E.I. programs. But what counts as D.E.I. may prove murky.
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