The Department of Education sent letters on Thursday to state education commissioners, warning them to end unlawful diversity, equity, and inclusion programs at K-12 schools or face loss of federal funding.
The letters, sent to all state commissioners overseeing state education agencies, told the officials that they must certify within 10 days their compliance with federal anti-discrimination laws and the Supreme Court’s decision to strike down affirmative action. If schools retain programs with identity-based stipulations, their federal funding could be slashed, the education department warned.
“Federal financial assistance is a privilege, not a right. When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Acting Assistant Secretary for Civil Rights Craig Trainor said. “Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”
Title VI of the Civil Rights Act stipulates that federal funding cannot go toward programs or entities that discriminate against a person based on their race.
Trainor said the letters were meant to ensure that states comply with the majority decision in Students for Fair Admission v. Harvard, which ruled that affirmative action admission programs at universities were unconstitutional because they violated equal protection under the law.
“No student should be denied opportunities or treated differently because of his or her race,” Trainor said. “We hope all State and Local Education Agencies agree and certify their compliance with this legal and constitutional principle.”
The letter gives state commissioners until April 13 to sign a certification signifying that they reached out to all local education agencies in their states and agreed to comply with Title VI and the Supreme Court affirmative action decision. The certification document specifically mentions DEI programs as being problematic.
The certification said that DEI programs were unlawful and impermissible if they were designed “to advantage one’s race over another.” If these programs were continued, federal funding could be cut off, school governing boards could face legal action from the Justice Department and potential legal fines.
President Donald Trump’s Department of Education has aggressively sought to crack down on DEI, slashing $600 million in grants that funded training teachers in concepts such as Critical Race Theory, DEI, social justice activism, and “anti-racism.”
The department also launched a portal for parents and teachers around the country to submit complaints of alleged racial or sexual discrimination happening at their schools. Officials will use these submissions to identify locations for possible investigations.
At the same time, Trump has been pushing to send more educational responsibilities back to the states and signed an executive order last month directing Education Secretary Linda McMahon to “take all necessary steps to facilitate the closure” of the department.
