New York state officials have informed the Trump administration that they will not adhere to its requirements to eliminate diversity, equity, and inclusion (DEI) practices in public schools, despite potential cuts to federal education funding.
In a letter to the federal Education Department dated Friday, Daniel Morton-Bentley, counsel and deputy commissioner of the state Department of Education, stated that state officials believe the federal agency lacks the authority to impose such demands.
He wrote, “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion,’” adding, “But there are no federal or State laws prohibiting the principles of DEI.”
Morton-Bentley also stated that state officials were “unaware” of any authority held by the federal Department of Education to mandate that states agree with its interpretation of court decisions or to terminate funding without a formal administrative process.
The U.S. Department of Education has not yet responded to requests for comment via email.
On Thursday, the Trump administration directed K-12 schools nationwide to certify within 10 days that they are complying with federal civil rights laws and ending any discriminatory DEI practices as a condition for receiving federal funds. Federal funding accounts for approximately 6% of the total funding for New York K-12 schools.
Craig Trainor, acting assistant secretary for civil rights, stated that “Federal financial assistance is a privilege, not a right,” when the demand was issued. He alleged that many schools have disregarded their legal obligations, “including by using DEI programs to discriminate against one group of Americans to favor another.”
The certification demand requires state and school leaders to sign a “reminder of legal obligations,” acknowledging that their federal funding is contingent upon compliance with federal civil rights laws. It also mandates compliance with several pages of legal analysis prepared by the administration.
The demand specifically threatens Title I funding, which allocates billions of dollars annually to schools across America, particularly targeting low-income areas.
Morton-Bentley noted that the state Education Department has already certified its compliance with Title VI of the Civil Rights Act of 1964 to the federal government on multiple occasions, most recently in January. He argued that the federal department’s demands to end DEI programs are based on a flawed legal interpretation.
“Given the fact that you are already in possession of guarantees by NYSED that it has and will comply with Title VI, no further certification will be forthcoming,” he stated.
He also described the administration’s stance as an “abrupt shift” from the position taken by the first Trump administration, referencing comments made in 2020 by then-U.S. Education Secretary Betsy DeVos, who stated that diversity and inclusion were “cornerstones of high organizational performance.” He noted that the administration has not provided any explanation for this change in position.
Critics of the certification demand argued that it contradicts Trump’s pledge to return education control to schools and states.
The threat of financial sanctions is similar to those the Trump administration has been using against colleges in its efforts to suppress protests against Israel that it considers antisemitic.
New York state has also refused to comply with a Trump administration demand to halt a program funding mass transit in New York City through high tolls on vehicles entering Manhattan.
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