Washington — The Department of Education warned state education commissioners Thursday that federal financial assistance for their K-12 schools may be at risk unless they confirm they’re complying with “antidiscrimination obligations,” including getting rid of diversity, equity and inclusion programs.
The Education Department said it has sent letters to state commissioners overseeing K-12 state education agencies giving them 10 days to sign and return a certification attesting their compliance with federal civil rights law.
The document, titled in part “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance,” notes that federal funds are conditioned on that assurance that education entities will comply with federal statutes relating to nondiscrimination. It warns that the use of diversity, equity and inclusion programs, or DEI, is not allowed.
“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,” including potential litigation and eliminating federal funding, the certification states.
The document specifically references funding awarded under Title I of the Elementary and Secondary Education Act, which directs money to local school districts.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement. “When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements.”
Trainor claimed that schools are flouting these obligations, including by continuing DEI practices.
Federal funding represents a relatively small portion of funding for most public schools, about 14% of funding for public K-12 schools in the U.S., according to the most recent U.S. Census Bureau data. But some states rely more heavily on federal funding than others. The Pew Center points out that New York schools receive just 7% of their funding from the federal government, while Mississippi’s schools rely on the federal government for 23% of their funding.
The notice from the Education Department follows a “Dear Colleague” letter that Trainor sent in February that he said was to “clarify and reaffirm the nondiscrimination obligations” of schools and other entities that receive federal assistance from the department.
“The department will no longer tolerate the overt and covert racial discrimination that has become widespread in this nation’s educational institutions,” he wrote. “The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.”
Trainor highlighted DEI programs in his letter, and said he aimed to provide notice of the Education Department’s interpretation of federal law.
The warning to state education agencies comes as part of the Trump administration’s broader crackdown on DEI initiatives. President Trump signed an executive order on his first days back in the White House ending DEI programs within the federal government and directed the removals of agency workers who worked on the practice.
