New York state officials have communicated to the Trump administration their refusal to comply with demands aimed at ending diversity, equity, and inclusion (DEI) practices in public schools. This decision persists even amidst the administration's threats to withdraw federal education funding. Daniel Morton-Bentley, the counsel and deputy commissioner of the state Department of Education, conveyed this stance in a letter to the federal Education Department dated Friday.
In his correspondence, Morton-Bentley asserted that state officials do not recognize the authority of the federal agency to enforce such demands regarding DEI practices. He stated, “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion.’ But there are no federal or State laws prohibiting the principles of DEI.” This position reflects a firm resistance against what they perceive as unwarranted federal overreach.
Furthermore, Morton-Bentley expressed that state officials are unaware of any legal basis that would permit the Department of Education to impose its interpretations of court rulings on state educational frameworks or to revoke funding without following a formal administrative process. Despite multiple requests, the U.S. Department of Education has not responded to inquiries for comments on this issue.
The Trump administration initiated a nationwide order on Thursday, requiring K-12 schools to certify within ten days their adherence to federal civil rights laws and to eliminate any discriminatory DEI practices as a condition for receiving federal funding. Craig Trainor, acting assistant secretary for civil rights, emphasized that federal financial assistance is a privilege, stating, “Many schools have flouted their legal obligations, including by using DEI programs to discriminate against one group of Americans to favor another.” This directive puts immense pressure on schools to conform to the administration's expectations.
As part of this certification demand, state and school leaders have been requested to sign a document that reiterates their legal obligations while acknowledging that federal funding depends on compliance with these laws. This certification demand poses a significant threat to Title I funding, which allocates billions of dollars yearly to schools in low-income areas.
Morton-Bentley pointed out that the New York State Education Department has previously certified its compliance with Title VI of the Civil Rights Act of 1964 and has done so multiple times, most recently in January. He challenged the validity of the federal government's assertions that New York must cease DEI programs based on what he described as a flawed legal interpretation.
State officials suggested that the administration's current position represents an abrupt reversal from the policies embraced during the previous Trump administration. Morton-Bentley referred to remarks made by former U.S. Education Secretary Betsy DeVos in 2020, which highlighted diversity and inclusion as critical elements of effective organizational performance. He called for an explanation of the administration's shift in stance.
Critics argue that the federal certification demand runs counter to Trump’s professed goal of returning educational control to state and local jurisdictions. Additionally, the administration has employed the threat of financial sanctions against higher education institutions to pursue its agenda, particularly in relation to protest actions it labels as antisemitic.
New York has also shown resistance to other Trump administration mandates, including attempts to shut down a mass transit funding program in New York City that involves imposing high tolls on vehicles entering Manhattan. This ongoing conflict between state and federal education policies highlights significant tensions in the broader conversation surrounding diversity, equity, and inclusion in America's education system.
