The U.S. Department of Education is ordering school districts and states to certify in writing that they’re not using diversity, equity, and inclusion programs, in order to continue receiving federal education funds.
In a letter sent out Thursday, the Trump administration gave state education chiefs 10 days to sign a certification saying they’re complying with Title VI of the Civil Rights Act, which prohibits race-based discrimination in federally funded programs. The certification makes clear that the department, under President Donald Trump and Secretary of Education Linda McMahon, considers DEI programming to be a violation of the anti-discrimination law.
In addition to collecting the signatures of state education chiefs, the department asks the state leaders to collect the same certification from every school district.
The letter marks the latest step in Trump’s efforts to rid the federal government and schools of what he and his administration consider to be DEI, using federal funds as leverage.
Many school districts ramped up efforts to address racial disparities in student achievement, diversify staffing, increase the representation of racial minorities in curriculum materials, and create more inclusive school climates following the 2020 police murder of George Floyd. But such efforts quickly became divided along partisan lines, and Trump campaigned on pledges to eradicate DEI.
The Education Department, however, has yet to define DEI in recent messages to schools on the topic.
Thursday’s letter builds on a February Dear Colleague memo and subsequent “frequently asked questions” document that warned districts they’d risk losing federal funds if they retained DEI programming. The efforts have drawn litigation from the nation’s two largest teachers’ unions and have sparked confusion among educators as to what exactly would violate the department’s orders.
The certification document issued Thursday calls the use of DEI “impermissible,” saying “certain DEI practices” can violate federal law and result in the department moving to halt federal funding.
It’s another directive from the federal Education Department for school leaders and advocates to sort out, after the confusion prompted by the department’s earlier memo and FAQ, as well as a January executive order from Trump cracking down on “radical indoctrination” in schools.
At her February confirmation hearing before becoming education secretary, McMahon declined to say whether a Black history course or racial-affinity club would be allowed under that executive order. The department followed up in the early March FAQ document to say not all race-based classes automatically violate Title VI but also accused schools of implementing DEI under other labels, including social-emotional learning and culturally relevant teaching.
“The goal here is increased threats and intimidation to cause a chilling effect that makes school districts all over the country stop doing activities and things that are otherwise lawful under Title VI,” said Michael Pillera, the director of the educational opportunities project for the Lawyers’ Committee for Civil Rights Under Law.
The agency has used the U.S. Supreme Court’s 2023 decision that struck down affirmative action in college admissions as the basis for its calls to more broadly weed out DEI in the nation’s schools and universities.
Craig Trainor, the acting assistant secretary for civil rights, said in a prepared statement that the department believes districts “flout or outright violate these obligations.”
“Federal financial assistance is a privilege, not a right,” Trainor said.
Title VI applies broadly, said Kimberly Robinson, a law professor at the University of Virginia and director of the Education Rights Institute, which helps schools understand the law.
The ban on race-based discrimination is not just a prohibition of segregation, but also touches admissions to magnet schools, harassment at school, discipline, and access to advanced coursework, she said.
“The letter basically seeks to suggest that DEI programs are inconsistent with Title VI, but that is not actually consistent with at least what the Supreme Court has said so far,” she said. "...There are many programs that support having a more inclusive and diverse and equitable educational environment that do not violate Title VI.”
Trump’s administration has repeatedly threatened to pull federal dollars if schools and states disobey the president’s executive orders, with the Education Department aggressively ramping up use of its civil rights enforcement arm to do just that. Since late January, the agency’s office for civil rights has opened more than 80 investigations into universities and schools in response to the president’s social-policy agenda.
Most have targeted DEI, according to an Education Week analysis, focused mostly on colleges and universities. But OCR opened an investigation into the Ithaca City school district in New York for hosting annual Students of Color Summit events, according to the Ithaca Times.
Critics say the increased enforcement runs counter to Trump’s goal to abolish the Department of Education and cut what he’s characterized as a bloated bureaucracy.
“In one breath they’re saying they want to give control to the states and, on the other hand, they’re controlling on the federal level what states and districts do,” said Miguel Cardona, who served as education secretary under former President Joe Biden.
It is standard for districts to submit certifications ensuring their compliance with anti-discrimination laws as part of grant requirements, but sending a certification letter in this way through state leaders—along with the 10-day deadline—is different, Pillera said.
It shouldn’t lead districts to discontinue lawful activities that further diversity and equity in their schools, he said.
“This letter does not change the law. Certification does not change the requirements under Title VI. OCR cannot change the requirements under Title VI,” Pillera said, noting that the department is asking for districts to certify they’re complying with the 1960s civil rights law.
“That’s the ask,” he said. “The rest of it appears to be aimed at chilling lawful activities.”
State education departments Thursday said they were reviewing the memo and its implications.
A spokesperson for California’s education department said the request from the Trump administration “appears to be yet another attempt to impose a national ideology on local schools by threatening to withhold vital resources for students. Regardless of this or any letter, we hold firm that basic needs of our nation’s children must not become bargaining chips.”
Wisconsin state Superintendent Jill Underly said her department was looking into the Education Department’s authority to request a signoff from states and districts on the “federal agency’s political beliefs.”
“Now more than ever, Wisconsin’s students, educators and schools need support—not threats of federal funding cuts that are vital to their success,” Underly, who was reelected to her post on Tuesday, said in a statement. “As we stated in February, we remain confident Wisconsin schools and the DPI are in full compliance with the law and remain committed to providing the best education possible for our students.”
