States Ordered by U.S. Education Department to Certify School DEI Ban or Lose Fnds

WASHINGTON — The U.S. Department of Education demanded in a letter to state education leaders on Thursday that they certify all K-12 schools in their states are complying with an earlier Dear Colleague letter banning diversity, equity and inclusion practices if they want to keep receiving federal financial assistance.

The department’s sweeping order gives K-12 state education agencies 10 days to collect the certifications of compliance from local school governing bodies, and then sign them and return them to the federal department.

The new demand stems from a February letter threatening to rescind federal funds for schools that use DEI, or race-conscious practices, in admissions, programming, training, hiring, scholarships and other aspects of student life.

Craig Trainor, the department’s acting assistant secretary for civil rights, said “federal financial assistance is a privilege, not a right,” in a statement Thursday.

“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Trainor said. He added that “unfortunately, we have seen too many schools flout or outright violate these obligations, including by using (diversity, equity and inclusion) programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”

He did not cite examples in the statement.

Trainor said the department “is taking an important step toward ensuring that states understand — and comply with — their existing obligations under civil rights laws and Students v. Harvard.”

In the February letter, Trainor offered a wide-ranging interpretation of a U.S. Supreme Court ruling in 2023 involving Harvard University and the University of North Carolina. The nation’s highest court struck down the use of affirmative action in college admissions.

Trainor wrote that though the ruling “addressed admissions decisions, the Supreme Court’s holding applies more broadly.”

The four-page letter raised a slew of questions for schools — from pre-K through college — over what exactly falls within the requirements.

The department later released a Frequently Asked Questions document on the letter in an attempt to provide more guidance.

In the document, the department noted that it’s prohibited from “exercising control over the content of school curricula” and “nothing in Title VI, its implementing regulations, or the Dear Colleague Letter requires or authorizes a school to restrict any rights otherwise protected by the First Amendment.”

The agency also clarified that “programs focused on interests in particular cultures, heritages, and areas of the world” are allowed as long as “they are open to all students regardless of race.”

Meanwhile, legal challenges are already underway against the Dear Colleague letter, including one spearheaded by the American Federation of Teachers and another from the National Education Association.

Last updated 1:47 p.m., Apr. 3, 2025

by Shauneen Miranda, Virginia Mercury

Virginia Mercury is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Samantha Willis for questions: info@virginiamercury.com.