NY schools defy Trump’s DEI ban, effectively daring admin to yank federal funds

The New York State Education Department has informed the Trump administration that it refuses to comply with a mandate to eliminate diversity, equity, and inclusion initiatives, even if that means losing federal funding.

In mid-February, President Donald Trump’s Department of Education announced that it had sent a letter to the nation’s educational institutions that receive federal funds, stating that they “must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond.”

‘The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences.’

It warned that institutions that fail to comply could have their funding pulled. NPR reported that the noncompliant schools could face losing “Title IV, student loans, state funding for curriculum development, free or reduced lunch programs, and support for students with special needs, among others.”

The ED’s letter to the nation’s schools stated, “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them — particularly during the last four years — under the banner of ‘diversity, equity, and inclusion’ (‘DEI’), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.”

It noted that discrimination based on race, color, or national origin is “illegal.” The ED warned that any violations were “impermissible.”

“The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences,” it read.

Daniel Morton-Bentley, the deputy commissioner of the NYSED, responded to the administration’s memo, declaring that the state would not eliminate its DEI initiatives.

Morton-Bentley contended that the NYSED does comply with Title VI but stated, “Beyond that, NYSED is unaware of any authority the USDOE has to demand that a State Education Agency (SEA) agree to its interpretation of a judicial decision or change the terms and conditions of NYSED’s award without formal administrative process.”

“We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion,'” Morton-Bentley continued. “But there are no federal or State laws prohibiting the principles of DEI.”

“Given the fact that you are already in possession of guarantees by NYSED that it has and will comply with Title VI, no further certification will be forthcoming,” he concluded.

The New York State United Teachers, a union, backed the state education department’s decision to continue implementing DEI programs.

The Trump administration’s Education Department did not respond to a request for comment from the Washington Post.

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