(LATEST UPDATE: April 24) Today marks the deadline for school districts to certify their compliance with the Trump administration’s DEI order. The question is, what will happen to the districts that have publicly defied the mandate?
Marguerite Roza, director of Georgetown University’s Edunomics Lab, says she has a hard time believing districts will lose all of their federal funding as a result of noncompliance.
“That’s just not how these OCR (Office for Civil Rights) investigations normally work,” she says. Typically, the agency would simply direct a school district to make the necessary changes.
“I’m sure in this particular case the courts would be involved and there would be some sort of negotiation whenever there’s a legitimate amount of money at stake,” she explains.
She adds that some school districts already receive little to no federal funding. Those communities are less vulnerable to the Trump administration’s threat to cut financial ties. However, other districts might be risking up to 20% of their overall budget.
“I think we’ll see how this story plays out in the next few months,” she says. “In districts where there’s a sizeable amount of money at stake, I imagine they’ll reach a resolution.”
(LATEST UPDATE: March 16) Georgia, Indiana, Kentucky, Maryland and New Hampshire are among the states promising to comply with a Trump administration order to eliminate DEI from schools. Officials in Arizona, meanwhile, have threatened to yank funding from a district that has vowed to maintain its diversity, equity and inclusion programs.
About a dozen states have said they will not comply with the order, which said districts could lose federal funding if they don’t end DEI in instruction, hiring and other activities.
Arizona Superintendent of Public Instruction Tom Horne has warned the Kyrene School District it could lose $1.5 million in federal funding after its board “adopted a policy that further embeds Diversity, Equity and Inclusion (DEI) language into district operations.”
“The most interesting philosophical divide in our country right now is between those like me who believe in individual merit, and those who want to substitute racial entitlement,” Horne said in a statement. “DEI is all about racial entitlement.”
New Hampshire has given districts until April 17 to certify they are complying with federal civil rights law that the Trump administration says outlaw DEI. Secretary of Education Linda McMahon commended New Hampshire on X.
“NH is working hard to ensure taxpayer dollars are not supporting illegal DEI policies and practices in the classroom,” she posted.
(LAST UPDATE: March 11): Education leaders in a growing number of states are vowing not to eliminate DEI programs despite President Donald Trump’s order threatening federal funding.
Earlier this month, the U.S. Department of Education gave state education agencies 10 days to certify that K12 DEI activities in local districts are not violating Title VI civil rights law. Though the deadline has been extended to April 24, the consequence of non-compliance could be a loss of Title I funds.
Oregon Department of Education Director Charlene Williams said the threats to withhold funding put critical student programs at risk. “Oregon remains fiercely committed to its values of diversity, equity and inclusion, and we celebrate our differences and common humanity,” she wrote in a letter to the Department of Education. “Our moral and ethical obligation is to stand up for public education.”
Colorado Education Commissioner Susana Córdova said her agency would not ask districts to certify compliance but recognized the funding uncertainty the order has created for K12 leaders.
“I do not feel comfortable signing a certification that binds me to federal guidance that does not have the force of law,” Córdova said. “I also do not feel comfortable signing a certification that lacks definitions and clarity around what is or is not prohibited.”
Michigan State Superintendent Michael F. Rice pointed out that federal law contains some DEI-related mandates, such as IDEA requirements that require students with disabilities to be educated in the least restrictive environment as determined by their IEPs.
“Pre-K-12 programs that promote diversity representing all children, regardless of race, and inclusion of all children, regardless of race, do not inherently harm particular groups of children and are not de facto violations of Title VI of the Civil Rights Act of 1964,” Rice noted.
Washington Superintendent Chris Reykdal accused the Trump administration of trying to assert control over the state schools and affirmed districts are allowing following federal anti-discrimination laws. Washington officials will “not sign additional certifications that lack authority, lack clarity, or are an assault on the autonomy of states and local school districts,” Reykdal said in a statement.
“Recognition of our diversity is a cornerstone of public education,” he added. “Our diversity provides opportunities for rich classroom discussions that inform and empower all students. Washington will not suppress its core values or cede our right to determine our own education system to the federal government.”
Illinois State Superintendent Tony Sanders said a letter sent to the Department of Education on Wednesday would be his agency’s only response to the order. Sanders confirmed the state is following federal civil rights laws and will not take further action, in part, because the order does not define the DEI practices it seeks to outlaw.
Patrick A. Tutwiler, Massachusetts’ interim education commissioner, said in a letter that diversity was one reason the state’s schools have been ranked best in the nation. “Massachusetts will continue to promote diversity in our schools because we know it improves outcomes for all of our kids, and we have more work to do,” Tutwiler said.
Minnesota Department of Education Commissioner Willie Jett notified the Trump administration on Monday that the state will not alter its policies or guidance to school districts. “ED’s recent request does not change our work or our commitments to serving learners,” Jett said.”We will not allow uncertainty or threats to penalize the most vulnerable children in Minnesota.”
Vermont’s Secretary of Education Zoie Saunders said none of Trump’s orders relating to K12 education were legally binding in her state’s classrooms and therefore schools there would not make any changes to their DEI practices.
“We will not give in to misleading and damaging myths about diversity, equity and inclusion work,” Saunders said earlier this week. “Nor will we allow these myths to distract us from our commitment to creating inclusive environments where students feel they belong and know they are supported by their educators.”
Wisconsin’s Department of Public Instruction told the Trump administration it will not comply and wants more information on the legality of the DEI order. In a letter, its legal counsel contends that the Department of Education cannot place additional requirements on districts without seeking public comment and providing prior public notice.
The order is “at worst … unlawful, unauthorized, and unconstitutionally vague,” Illinois’ ” letter says.
And in a letter sent to the administration on April 4, New York state education officials challenged the U.S. Department of Education’s legal authority to make such a demand.
“We understand that the current administration seeks to censor anything it deems ‘diversity, equity and inclusion,'” Daniel Morton-Bentley, counsel and deputy commissioner of the New York Department of Education wrote. “But there are no federal or state laws prohibiting the principles of DEI.”
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Pennsylvania’s Executive Deputy Secretary of Education Angela P. Fitterer assured the Trump administration that her state and its school fully comply with all pertinent civil rights laws. Pennsylvania appeared disinclined to take any further action.
‘DEI crackdown’
In the Trump administration’s order, Acting Assistant Secretary for Civil Rights Craig Trainor warned state and district leaders that “Federal financial assistance is a privilege, not a right.”
“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Trainor added. “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.”
Last week, McMahon praised Puerto Rico on X for being the first state or territory to comply with the order she described as a “DEI crackdown.”
“Well done, Puerto Rico, for being the first to certify that discrimination or harmful race-preferencing is not allowed in your classrooms,” McMahon wrote. “Every state that wants to continue receiving federal funds should follow suit.”
‘Diversity and inclusion are cornerstones’
The California Department of Education told districts it would respond on their behalf to the Trump administration’s order. A state official said California’s districts regularly prove compliance with federal laws, The Los Angeles Times reported.
Meanwhile, Morton-Bentley of the New York State Education Department said his agency had previously reminded districts of the civil rights obligations under Title VI. He also pointed out that, during the first Trump administration, the Department of Education supported DEI in schools but has now not explained the shift in its stance.
“Former Secretary of Education Betsy DeVos informed USDOE staff in 2020 that ‘diversity and inclusion are cornerstones of high organizational performance,'” Morton-Bentley noted. “Ms. DeVos also opined that ’embracing diversity and inclusion are key elements for success’ for ‘building strong teams.'”
The certification order comes more than one month after the Office for Civil Rights issued a Dear Colleague Letter to educational institutions prohibiting discrimination on the basis of race, color or national origin. It cautioned education leaders against using diversity, equity and inclusion practices in college admissions, hiring, promotion, scholarships and other areas.
