Blue States Are Gearing Up to Defy Trump’s DEI Order for Schools

Last week the remnants of the Department of Education sent letters to state leaders across the country requiring them to certify within 10 days that they were compliant with the Trump administration’s view of DEI in schools.

As a condition for receiving federal money, the Trump administration is ordering K-12 schools to certify that they are following federal civil rights laws and eliminating diversity, equity and inclusion practices…

“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement. He said many schools have flouted their legal obligations, “including by using DEI programs to discriminate against one group of Americans to favor another.”

Already there are signs that some blue states plan to defy the demand for certification. New York was one of the first to say outright that they would not comply.

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.”

Other states seem ready to follow including Minnesota:

On Monday, Minnesota Department of Education commissioner Willie Jett shared the state’s response to the Trump administration request. In a letter to the Trump admin, Jett questions the authority of the U.S. Department of Education to issue such a request. Jett also argues the request flouts the legally-required rulemaking process for the U.S. Department of Education.

Jett also points out federal threats to pull funding from schools would be unlawful as funding is directed by Congress. He also makes it clear that Minnesota’s programs already abide by federal law.

And Washington state.

Washington’s state school superintendent will not sign the Trump administration’s order to end diversity, equity and inclusion practices in public schools, arguing that the state has already agreed to follow requirements spelled out in federal law…

In a letter to the federal education department, state Superintendent Chris Reykdal appears to question the legality of the order, writing that “states have the authority to adopt their own learning standards, curriculum, and instructional materials.”

And of course California:

California education officials have signaled they could defy a Trump administration order intended to end all diversity, equity and inclusion programs — even as federal officials threaten to cut off billions of dollars per year in federal education funding…

In a letter to school district superintendents Friday, the California Department of Education appeared to question the authority of the federal government to take such an action.

In Pennsylvania, Gov. Shapiro said he was still thinking about it.

Gov. Josh Shapiro said Tuesday he is “very concerned” about the Trump administration’s threats to withhold federal funding from the state’s neediest schools over diversity, equity, and inclusion efforts but stopped short of saying he would fight the directive…

Shapiro, a Democrat, told reporters Tuesday outside an appearance before the Pennsylvania Farm Bureau that the Pennsylvania Department of Education is still reviewing the directive.

Even before the 10 day deadline had expired, it was extended until later this month. Also, the NEA is suing to block the order.

The letter initially gave states 10 days to submit the certification. On Monday, the Education Department extended the deadline to April 24.

A department spokesperson said the agency is “simply asking school districts to certify they are following the law and not using race preferences or pernicious race stereotypes in schools.”

The nation’s largest teachers union is asking a federal court to block the order, saying some schools are already clamping down on DEI practices as the government raises the stakes. The National Education Association filed the motion in Republican-led New Hampshire, which is moving to comply with the federal demand.

So this is yet another conflict that is probably going to wind up in the courts one way or another. Perhaps that’s fine with President Trump since it may ultimately give the Supreme Court a chance to expand on its elimination of Affirmative Action and clarify what types of DEI practices are in fact illegal. We should know more by April 24.