New York state officials have made it clear to the Trump administration that they won’t be backing down from their diversity, equity, and inclusion (DEI) programs in public schools, despite the threat to cut federal education funding.
In a letter to the U.S. Department of Education, Daniel Morton-Bentley, the state’s counsel and deputy commissioner for education, told federal officials that they don’t believe the Department has the authority to make such demands.
“We know the current administration is trying to censor anything labeled ‘diversity, equity & inclusion,’” Morton-Bentley wrote. “But there are no laws—federal or state—that ban the principles of DEI.”
He also pointed out that state officials are “unaware” of any legal authority the federal government has to force states into agreeing with its interpretation of court decisions or threatening to cut funding without a formal process.
The U.S. Department of Education didn’t respond to requests for comment.
The Trump administration demanded that K-12 schools across the country certify within 10 days that they’re following federal civil rights laws and ending any discriminatory DEI practices to keep receiving federal funding. Federal funds make up about 6% of New York’s total K-12 school funding.
“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement. He claimed that many schools have violated their legal obligations by using DEI programs to discriminate against one group in favor of another.
The certification demand required state and school leaders to sign a “reminder of legal obligations,” acknowledging that federal funding depends on compliance with civil rights laws. The request also includes pages of legal analysis written by the administration.
The most significant threat was to Title I funding, which sends billions of dollars each year to schools serving low-income communities.
Morton-Bentley responded that the state Education Department had already certified multiple times that it complies with Title VI of the Civil Rights Act, including as recently as January. He argued that the federal government’s demand to end DEI programs was based on a flawed legal interpretation.
He also noted that the administration’s stance marks a sharp departure from the approach of the first Trump administration. He referenced comments made in 2020 by then-Secretary of Education Betsy DeVos, who called diversity and inclusion “cornerstones of high organizational performance.” Morton-Bentley pointed out that the administration hasn’t explained why it shifted its position.
