Says State Schools Will Lose Billions of Dollars
By Hank Russell
New York Attorney General Letitia James led a coalition of 18 other attorneys general in suing the Trump administration over what she says is Trump’s unprecedented and unlawful requirement for states to end diversity, equity, and inclusion (DEI) practices in schools. James said this action would put billions of dollars in education funding at risk.
On April 3, the United States Department of Education alerted state education agencies that, in order to continue receiving essential funding, they must sign a new certification affirming they will not engage in undefined “illegal” DEI practices. New York, like many other states, did not sign the certification, pointing to its longstanding commitment to complying with civil rights laws.
Billions of dollars that support low-income students, provide special education services, and help vulnerable children in foster care are imperiled due to the administration’s new policies, according to a lawsuit filed by James. She and the coalition assert that the Education Department’s new directive is illegal and unconstitutional. The coalition is seeking a court order declaring the April 3 certification demand unlawful and stopping it from being implemented.
State agencies were also compelled to get certifications from all of their local education agencies or propose enforcement plans for those local school systems. The Education Department later extended the deadline to April 24.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, the 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. 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.”
Trainor said the agency is “taking an important step” toward making sure that state schools comply and sign the certification. “As Chief Justice Roberts wrote, ‘Eliminating racial discrimination means eliminating all of it.’ No student should be denied opportunities or treated differently because of his or her race,” he said. “We hope all State and Local Education Agencies agree and certify their compliance with this legal and constitutional principle.”
In New York, the U.S. Education Department provides more than $3 billion in funding to the New York State Education Department (NYSED), which oversees K-12 education programs that serve more than 2.4 million students. This funding is crucial for providing access to educational opportunities for all New York students, said James.
For example, NYSED will distribute nearly $1.4 billion in federal Title I funds this fiscal year to school districts to help ensure low-income students have the resources needed to overcome barriers to learning and success. According to James, New York also receives nearly $1 billion in funding appropriated by Congress under the Individuals with Disabilities Education Act. These funds help the 450,000-plus students with disabilities in New York obtain the services that they are entitled to under federal law.
As James and the coalition assert in the lawsuit, the Trump administration has failed to define what constitutes an “illegal diversity, equity, and inclusion practice.” For example, the lawsuit notes that when Secretary of Education Linda McMahon was asked at her confirmation hearing how a school would discern whether it was running an illegal diversity, equity, and inclusion program, she failed to provide a definition of diversity, equity, and inclusion, let alone give any substansive answer.
In addition, ED’s directive ignores the fact that countless programs that support diversity, equity, and inclusion are in fact required by federal civil rights and funding laws and that federal laws prohibit the federal government from interfering with state and local education curricula or programs.
Attorney General James and the coalition argue that the Trump administration’s April 3 certification demand violates the Administrative Procedure Act and is contrary to numerous laws, including Title VI of the Civil Rights Act of 1964 and federal laws that prohibit federal interference with state and local education policies. It also violates the Constitution by withholding funding that Congress appropriated and places unlawful conditions on federal funds.
With this lawsuit, Attorney General James and the coalition are seeking a court order stopping ED from implementing the April 3 certification demand or imposing any other similar demand on the states.
Joining James in the lawsuit are the attorneys general of California, Illinois, Massachusetts, and Minnesota. Joining this lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Maryland, Michigan, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
“Every student has the fundamental right to learn in an environment that is welcoming and open to everyone,” James said. “The Trump administration is illegally trying to stop efforts that prevent discrimination in our schools, support students with disabilities, and provide resources for students in need while jeopardizing billions of dollars in essential federal education funding. As a proud graduate of New York public schools, I will always step up to protect our schools and stop illegal attacks on our most vulnerable students.”
Long Island Life & Politics reached out to the U.S. Education Department, but did not hear back as of press time.