WASHINGTON โ Some Democratic-led states and cities are pushing back on a Trump administrationย threat to cut education fundingย over diversity, equity and inclusion programs, which could test how far the White House is willing to go to press its demands on the nationโs schools.
State leaders in Minnesota andย New Yorkย said they will not comply with an Education Department order to gather signatures from local school systems certifying compliance with civil rights laws, including the rejection of what the federal government calls โillegal DEI practices.โ Chicagoโs mayor promised to sue over any cuts. California and Vermont told schools they don't need to respond.
It amounts to some of the most forceful opposition yet as the Education Department uses federal funding as leverage to enact President Donald Trumpโs agenda on issues from DEI toย campus antisemitismย and transgender athletes.
The White House targeted colleges and K-12 schools alike, but unlike universities thatย rely greatly on federal grants and contracts, school systems get the vast majority of their money from state and local sources.
In a letter Monday to the Education Department, Minnesotaโs education chief said the Trump administration overstepped its authority with its latest demand, adding thereโs nothing illegal about DEI.
โThreats to this funding without backing in law or established requirements put key programs at risk that students and schools depend on every day,โ said Willie Jett, Minnesota's education commissioner.
It followed a Friday letter from New Yorkโs education office challenging the federal governmentโs latest demand. It said New York already provided assurances that it follows federal law and โno further certification will be forthcoming.โ
Trump administration set a deadline for schools to disavow DEI
The U.S. Education Department told state agencies in a letter Thursday they must sign a document saying they follow federal antidiscrimination laws and get the same assurance from schools. The document threatens to cut federal money for any civil rights violation, includingย using DEI practicesย โto advantage one's race over another.โ
On Tuesday, Education Secretary Linda McMahonย commended Puerto Ricoย for being the first to submit its certification. โEvery state that wants to continue receiving federal funds should follow suit,โ she posted on social media.
The letter threatens to use civil rights enforcement to ridย schools of DEI practices. Schools that continue such practices โin violation of federal lawโ can face Justice Department litigation and a termination of federal grants and contracts, it said.
The letter initially gave states 10 days to submit the certification. On Monday, the Education Department extended the deadline to April 24.
A department spokesperson said the agency is โsimply asking school districts to certify they are following the law and not using race preferences or pernicious race stereotypes in schools.โ
The nation's largest teachers union asked a federal court to block the order, saying some schools areย clamping down on DEI practices as the government raises the stakes. The National Education Association filed the motion in Republican-led New Hampshire, which moved to comply with the federal demand.
Schools in many states already are required to affirm compliance with antidiscrimination laws, and even some GOP-led states question whether they need to get the new document signed by each district. Missouriโs education office said schools' previous assurances should be sufficient, and it will reach out to districts โif additional information is necessary.โ
Others moved to follow the order, including Virginia and Arizona, where state education chief Tom Horne said the order โaligns completely with my philosophy.โ
The pushback contrasts with colleges' responses to government demands
The resistance from some states stands in contrast with the response from universities targeted by the federal government. As the Trump administration made demands on colleges, includingย Columbia Universityย andย Harvard University, some students and faculty members implored institutions to do more to defend their values and academic freedom.
The stakes are different for colleges, whichย depend on federal moneyย that makes up nearly half the total revenue at some institutions. Federal funding makes up a smaller portion of K-12 school budgets โ about 14%.
Vermontโs education chief assured schools the state supports DEI practices and said superintendents wonโt need to sign the certification. Instead, the state will assure federal officials itโs already following federal law, Zoie Saunders, the stateโs education secretary, said in a letter to school districts.
โNothing about this directive requires a change to our diversity, equity and inclusion practices, and weโre not going to change,โ Saunders said in a news release.
The Illinois board of education rebuked the federal agency, saying itโs โattempting to exert power over every district in the country โ even as it claims itโs returning education to the states.โ Chicago Mayor Brandon Johnson, a Democrat, said his city is willing to go to court over the order, which he called federal overreach.
The New York and Minnesota letters cite past comments from Betsy DeVos, Trumpโs education secretary during his first term, extolling the virtues of diversity and inclusion, and argue the Education Department shifted its position without explanation.
The states also accuse the department of making broad declarations about the illegality of DEI without citing policies that violate federal law.
Many states said they were still reviewing the letter.
