New York state officials have told the Trump administration that they won’t obey its directives to stop diversity, equity and inclusion practices in public schools. Daniel Morton-Bentley, counsel and deputy commissioner for the state Department of Education, said in a letter Friday to the federal Education Department that state officials believe the federal agency doesn’t have the authority to negotiate terms in that way, CNN reported.
“We know that the present administration would wish to censor all that it deems ‘diversity, equity & inclusion,'” he wrote. “There are, nevertheless, 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 possesses to compel states to agree with its interpretation of court decisions or to terminate funding without a formal administrative process.
The US Department of Education did not immediately respond to emailed requests for comment.
Reports indicated that the Trump administration ordered K-12 schools nationwide on Thursday to certify within 10 days that they are complying with federal civil rights laws and eliminating any discriminatory DEI practices, as a condition of receiving federal funds. Federal funds represent about 6% of all New York K-12 school funding.
“Federal financial assistance is a privilege, not a right,” said Craig Trainor, acting assistant secretary for civil rights, in a statement when the request was made. He said many schools have neglected their legal obligations, “including by using DEI programs to discriminate against one group of Americans in favor of another.”
The certification mandate asked state and school leaders to sign a “reminder of legal obligations” that acknowledges their federal funding is contingent on their compliance with federal civil rights laws. It also calls for compliance with several pages of legal analysis written by the administration.
The mandate specifically jeopardizes Title I funding, which channels billions of dollars every year to America’s schools and targets low-income school districts. Morton-Bentley said the state Education Department has already certified multiple times to the federal government that it is in compliance with Title VI of the Civil Rights Act of 1964, most recently in January. He said the federal department is basing its requests that DEI programs be ended on a flawed legal interpretation.
“Because you have already received assurances from NYSED that it has been and will continue to be in compliance with Title VI, no further certification will be provided,” he wrote. He also characterized the administration’s stance as a “sudden change” from the one taken by the first Trump administration, citing statements in 2020 by then-US Education Secretary Betsy DeVos that diversity and inclusion were “cornerstones of high organizational performance.” He said the administration has provided no explanation as to why it changed its stance.
Critics of the certification requirement said it was contrary to Trump’s promise to return education to schools and states. The threat of financial sanctions is reminiscent of those the Trump administration has been employing against colleges in its effort to close down protests against Israel that it deems antisemitic. The state of New York has also denied a request from the Trump administration to shut down a program to fund mass transit in New York City with high tolls on cars that drive into Manhattan.
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