New York defies Trump's DEI crackdown, vows to protect public school programs

New York education officials have formally rejected a directive from the Trump administration to dismantle diversity, equity, and inclusion (DEI) programs in public schools, challenging the administration’s authority and warning of a dangerous overreach.

In a letter sent on April 4 to the US Department of Education, Daniel Morton-Bentley, counsel and deputy commissioner for the New York State Education Department, said the state “will not comply” with federal demands that schools certify the elimination of DEI practices or risk losing critical federal funding.

“We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion,’” Morton-Bentley wrote. “But there are no federal or State laws prohibiting the principles of DEI.”

The Trump administration issued the ultimatum on April 3, giving K-12 schools across the country just 10 days to sign a legal certification affirming compliance with civil rights laws and the administration’s interpretation of them — including an end to what it calls “discriminatory DEI practices.”

The move ties compliance to the continued receipt of federal education funds, including Title I dollars that support low-income districts.

“Federal financial assistance is a privilege, not a right,” said Craig Trainor, acting assistant secretary for civil rights, in a statement. He accused schools of “using DEI programs to discriminate against one group of Americans to favor another.”

But Morton-Bentley fired back, stating that New York has already certified its compliance with Title VI of the Civil Rights Act of 1964 — most recently in January — and sees no legal basis for the new demands.

“Given the fact that you are already in possession of guarantees by NYSED that it has and will comply with Title VI, no further certification will be forthcoming,” he wrote.

He further criticized the administration for abruptly reversing course from previous federal guidance. Citing a 2020 statement by then-Education Secretary Betsy DeVos that called diversity and inclusion “cornerstones of high organizational performance,” Morton-Bentley noted the administration has offered no justification for its sudden shift.

Legal experts and critics of the directive say the administration’s stance may conflict with constitutional protections and contradicts Trump’s campaign promises to return control of education to states and localities.

The threatened cutoff of federal funds mirrors similar tactics used by the administration in higher education, where it has sought to penalize colleges over campus protests critical of Israel that it labels antisemitic.

New York has also refused to comply with another Trump administration mandate involving transportation policy — a demand to halt a congestion pricing plan aimed at reducing traffic in Manhattan.