April 6 (UPI) — New York State education officials are pushing back against the Trump administration after it gutted U.S. Department of Education and said it would withhold federal funding from public schools that have diversity, equity and inclusion programs.
Daniel Morton-Bentley, the deputy commissioner for legal affairs for the New York State Education Department, penned a letter Friday that was obtained by UPI informing federal education officials they would not comply with the Trump administration’s DEI orders.
Morton-Bentley asserted in the letter that the NYSED “does and will” comply with the requirements of Title VI of the Civil Rights Act of 1964. But he questioned the authority of the federal government to strongarm state agencies.
“NYSED is unaware of any authority that USDOE has to demand that a state education agency agree to its interpretation of a judicial decision or change the terms and conditions of NYSED’s award without formal administrative process,” Morton-Bentley wrote.
“We understand that the current administration seeks to censor anything it deems ‘diversity, equity and inclusion.’ But there are no federal or state laws prohibiting the principles of DEI.”
Morton-Bentley pointed out that the original U.S. Education Department letter, sent Thursday, is unsigned and appears not to have been issued in compliance with the federal law.
He also noted comments from former Education Secretary Betsy DeVos, who served in Trump’s first administration, calling diversity and inclusion “cornerstones of high organizational performance.”
The Trump administration’s letter was sent to state and local education agencies around the country. The letter said that it served as a “reminder of legal obligations” for receiving federal funding under Title VI and required local and state education agencies to certify with the federal government that it would comply with its interpretation of federal law.
To make its point, the Trump administration referenced the June 2023 decision by the U.S. Supreme Court that held that race-conscious admissions programs at Harvard and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment, effectively ending the use of affirmative action in college admissions.
Like New York, Mayor Brandon Johnson told reporters on Friday that Chicago would file a lawsuit against the Trump administration if it took away its funding, the Chicago Tribune reported.
“We’re not going to be intimidated by these threats,” Johnson said. “It’s just that simple. So, whatever it is that this tyrant is trying to do to this city, we’re going to fight back.”
Education Secretary Linda McMahon has not specified what qualifies as a civil rights law violation.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, the department’s acting assistant secretary for civil rights, said in a statement to NPR.
“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.”
