- The U.S. Department of Education has given K-12 schools 10 days to certify they don’t offer DEI programs, or risk losing federal funding. State commissioners must confirm schools comply with anti-discrimination rules under Title VI of the Civil Rights Act.
- The National Parents Union and others argue the directive undermines local control and violates free speech rights.
- The department’s letter references the Supreme Court’s Students v. Harvard ruling, which mandates eliminating racial discrimination in school programs.
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The U.S. Department of Education has issued a new directive to K-12 schools nationwide, demanding compliance with the Trump administration’s anti-discrimination policies or risk losing federal financial assistance.
Department of Education says funding is a ‘privilege, not a right’
In a notice sent Thursday, April 3, state commissioners overseeing education agencies were given ten days to certify that the schools under their purview do not offer any programs or curricula tied to diversity, equity and inclusion (DEI). By returning the signed document, officials confirm that the schools comply with Title VI of the Civil Rights Act, which prohibits discrimination based on race, color or national origin.
“Federal financial assistance is a privilege, not a right,” said Craig Trainor, assistant secretary for the Department of Education’s Civil Rights Office. “When state education commissioners accept federal funds, they agree to abide by federal anti-discrimination requirements.”
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The federal government contributes to public school funding. According to the most recent Census data from 2022, nearly 14% of public school funding comes from federal sources. Some states are more reliant than others. Mississippi, for example, gets about 23% of its revenue from federal funds, while Michigan’s public school system receives about 14% of its funding from the government.
National Parents Union weighs in
Organizations like the National Parents Union have been vocal in ensuring families have a say in these educational policies.
President Keri Rodrigues responded to the new directive, asking, “Is this what the Trump administration calls local control? You can’t say you’re giving control back to states and then dictate how they run their schools.”
New directive from the Department of Education
In its letter, the Department of Education also cites the landmark Students v. Harvard case, in which the Supreme Court ruled that race-specific admissions policies violate the U.S. Constitution, particularly the 14th Amendment’s guarantee of equal protection under the law.
The letter references Chief Justice John Roberts’ words from the 2023 decision, “Eliminating racial discrimination means eliminating all of it.”
Two months ago, the Department of Education sent out a “Dear Colleague” letter mandating that schools cease using race as a factor in admissions, hiring, promotion, scholarships, discipline and other programs or activities.
ACLU and union challenge the letter
In response, the largest education union and the ACLU filed a lawsuit, arguing that the letter violates teachers’ free speech rights and imposes a vague, potentially harmful directive on schools.
Following the lawsuit, the Department of Education released a Q&A document to address some questions and clarify the letter’s intent.
