The New York State Education Department (NYSED) has refused to eliminate diversity, equity, and inclusion (DEI) practices, going against orders from the Trump administration.
In a letter issued Friday, Daniel Morton-Bentley, who serves as the counsel and deputy commission for the NYSED argued that while they “understand” the Trump administration is seeking “to censor anything it deems” DEI, “there are no federal or State laws prohibiting the principles of DEI.”
The letter comes as the Department of Education under the Trump administration issued a notice giving K-12 schools “10 days to sign” and return a certification “that they are following federal civil rights laws and ending” DEI practices, according to the Associated Press.
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“The New York State Education Department (NYSED) has certified, on multiple occasions, that it does and will comply with Title VI of the Civil Rights Act of 1964 and its implementing regulations,” the letter said. “It did so recently in connection with its Every Student Succeeds Act Plan, which the United States Department of Education (USDOE) approved on January 8, 2025. The certification remains in effect, as do other certifications and assurances regarding Title VI previously provided to USDOE.”
The letter continued:
Beyond that, NYSED is unaware of any authority that USDOE has to demand that a State Education Agency (SEA) agree to its interpretation of a judicial decision or change the terms and conditions of NYSED’s award without formal administrative process. We understand that the current administration seeks to censor anything it deems “diversity, equity & inclusion” (DEI). But there are no federal or State laws prohibiting the principles of DEI. And USDOE has yet to define what practices it believes violate Title VI; your request for certification merely adverts to “certain” and “illegal” DEI “practices.” The requested certification attempts to condition NYSED’s continued funding on USDOE’s interpretation of the law—an interpretation that, as USDOE admits, lacks “the force and effect of law.” USDOE cannot make improvisatory changes to legal assurances and impose new requirements on recipients without adhering to rulemaking procedures (see 20 USC §1232).
Per the Washington Post, while “the federal government provides about 10 percent of K-12 funding nationally,” New York schools “are mostly funded by local tax revenue and state funds”:
The federal government provides about 10 percent of K-12 funding national. In New York, schools are mostly funded by local tax revenue and state funds, but the federal government contributes even less assistance: For example, in the 2024-2025 school year, about 5 percent of New York City Public Schools’ $40 billion budget came from federal funds.
Breitbart News’s Katherine Hamilton previously reported that, in February, the Department of Education launched a portal called the “End DEI” portal, to allow students, teachers, and parents to “submit reports of sex and race-based discrimination in public K-12 schools.”
In January, President Donald Trump signed an executive order directing DEI programs to be eliminated from the federal workforce.
