New York state officials have pushed back against the Trump administration’s directive to eliminate diversity, equity, and inclusion initiatives from public schools, making it clear they won’t comply—even with the threat of losing federal education dollars.
In a letter sent Friday to the U.S. Department of Education, Daniel Morton-Bentley, legal counsel and deputy commissioner at the New York State Education Department, expressed strong objections, questioning the federal agency’s legal basis for such an ultimatum.
“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.”
Morton-Bentley also emphasized that state officials do not recognize any legitimate authority the federal education department has to dictate how states interpret legal rulings or to cut off funding without following a formal process.
As of now, the U.S. Department of Education has not issued a public response to inquiries about the state’s position.
On Thursday, the Trump administration instructed all K-12 schools across the country to submit certifications within 10 days confirming that they comply with civil rights laws and have dismantled what it terms discriminatory DEI programs. These certifications are now a condition for receiving federal education funds, which account for roughly 6% of New York’s overall K-12 school funding.
“Federal financial assistance is a privilege, not a right,” said Craig Trainor, the acting assistant secretary for civil rights, when announcing the requirement. He argued that numerous educational institutions have disregarded their legal duties, “including by using DEI programs to discriminate against one group of Americans to favor another.”
The certification form requires education leaders to acknowledge that continued access to federal aid hinges on adherence to federal civil rights statutes. It also includes several pages of legal interpretation provided by the administration.
At the heart of the threat is Title I funding, a major source of federal financial support aimed at assisting schools in low-income communities.
In his letter, Morton-Bentley noted that the state has repeatedly affirmed to the federal government its compliance with Title VI of the Civil Rights Act of 1964, with the most recent assurance sent in January. He maintained that the federal government’s current approach rests on a misreading of the law.
“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 wrote.
Morton-Bentley also highlighted the administration’s apparent reversal on this issue, pointing out that the previous Trump administration took a very different view. In 2020, then-Education Secretary Betsy DeVos stated that diversity and inclusion were “cornerstones of high organizational performance.” He said no rationale has been given for this sudden change in policy.
Opponents of the certification order argue that it contradicts Trump’s oft-repeated pledge to return control of education to states and local communities.
The federal government’s current threat mirrors actions taken against colleges in recent months, where funding has been wielded as leverage to suppress protests related to Israel that the administration has categorized as antisemitic.
This isn’t the only directive New York has defied. The state has also resisted a federal push to block a congestion pricing plan that would impose higher tolls on vehicles entering Manhattan, a strategy designed to support the city’s mass transit system.
{Matzav.com}