Though the Trump administration has threatened to cut federal education money, New York state authorities have informed it they would not follow its orders to abolish diversity, equality, and inclusion policies in public schools.
In a letter dated Friday to the federal Education Department, Daniel Morton-Bentley, attorney and deputy commissioner of the state Department of Education, stated state authorities do not feel the federal agency has power to demand such things.
He said, “We know the present government wants to censor anything it considers ‘diversity, equity & inclusion.'” There are no federal or state legislation, however, against the ideas of DEI.
Morton-Bentley further stated that state authorities were “unaware” of any power the federal Department of Education had to require state agreement with its reading of court rulings or to cut funds via a formal administrative procedure.
Emailed inquiries for comment drew no quick response from the U.S. Department of Education.
As a prerequisite for obtaining federal funds, the Trump administration on Thursday directed K-12 schools throughout the country to verify within 10 days that they are obeying federal civil rights laws and terminating any discriminatory DEI activities. Approximately 6% of the whole New York K-12 education budget is federal funds.
When the request was submitted, Craig Trainor, acting assistant secretary for civil rights, stated in a statement, “Federal financial assistance is a privilege, not a right.” He claimed many schools had ignored their legal responsibilities “including by using DEI programs to discriminate against one group of Americans to favor another.”
The certification request urged state and school officials to sign a “reminder of legal obligations” recognizing that federal funds are dependent on adherence to federal civil rights legislation. It also calls for adherence to several pages of legal analysis produced by the government.
The request especially endangers Title I funding, which targets low-income communities and gives billions of dollars a year to America’s schools.
Most recently in January, Morton-Bentley noted, the state Education Department has certified to the federal government on many times that it is following Title VI of the Civil Rights Act of 1964. He said the federal department’s requests to terminate DEI projects were based on a wrong legal reading.
He stated, “No more certification will be coming given that you already hold NYSED assurances that it has and will follow Title VI.”
Citing remarks in 2020 by then-U.S. Education Secretary Betsy DeVos that diversity and inclusion were “cornerstones of high organizational performance,” he also stated the government’s position is a “abrupt shift” from the one held by the first Trump administration. He stated the government offered no justification for their shift of stance.
Critics of the certification claimed it went against Trump’s vow to restore education to states and schools.
The Trump administration’s use of financial penalties on universities in its campaign against alleged antisemitic protests mirrors the threat of such fines.
New York state has likewise declined to follow a Trump administration request to terminate a program financing public rail in New York City under high auto tolls into Manhattan.
