By Stacy M. Brown
BlackPressUSA.com Senior National Correspondent

New York City and state officials refuse to comply with the Trump administration’s demands to dismantle public school diversity, equity, and inclusion (DEI) practices. In a move that defies federal threats to withdraw critical education funding, state education leaders insist that the federal government has no legal authority to dictate how schools approach diversity. On Thursday, the Trump administration issued a sweeping directive requiring K-12 schools across the country to certify within ten days that they are ending what the administration calls discriminatory DEI practices. The administration said compliance would be necessary to continue receiving federal education dollars, including Title I funds that support schools in low-income communities. “Federal financial assistance is a privilege, not a right,” said Craig Trainor, the acting assistant secretary for civil rights at the U.S. Department of Education. He accused public schools of violating federal law by allegedly favoring one group of students over another through DEI policies.

New York State responded with a letter from Daniel Morton-Bentley, counsel and deputy New York State Education Department commissioner. In the letter, dated Friday, Morton-Bentley wrote that federal officials are misinterpreting civil rights law and lack the authority to impose such conditions. “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion,’” he wrote. “But there are no federal or State laws prohibiting the principles of DEI.” He noted that the state has already certified its compliance with Title VI of the Civil Rights Act of 1964 and sees no need to submit a new demand based on a faulty legal premise. “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 stated. The Trump administration has not responded to requests for comment.

The New York City Department of Education, which operates the largest school system in the country, said it remains committed to creating and supporting learning environments that reflect the city’s diversity. Officials made clear that all students—regardless of race, religion, gender identity, immigration status, home language, or ability—deserve schools that are inclusive, supportive, and reflective of their experiences. In a city where Black and Hispanic children make up 70 percent of the student population, the DOE’s Equity and Excellence for All initiative has worked to increase access to high-quality education while addressing deep-rooted disparities. The plan includes strategies to reduce economic stratification, increase racial representation in schools, and ensure that students with disabilities and English language learners are fully included in academic life. The administration’s certification demand includes several pages of legal analysis and threatens to withhold funding from schools that fail to comply, even though federal funds make up just 6 percent of the overall budget for New York’s K-12 schools. Still, the threat has caused concern because of its potential to disrupt services in the city’s most vulnerable communities.

Critics say the administration’s effort contradicts its campaign promise to return control of education to states and local communities. Instead, they argue, the move represents a politically motivated attempt to erase programs designed to close opportunity gaps for historically marginalized students. Morton-Bentley also pointed out that the current administration’s position contrasts with earlier statements from former Education Secretary Betsy DeVos, who in 2020 said diversity and inclusion were essential to high-performing organizations. The administration has not explained the reversal. Meanwhile, city education leaders continue implementing a detailed plan that includes expanded admissions opportunities for students in temporary housing, specialized outreach for underrepresented students in Advanced Placement and STEM courses, and new school models that prioritize bilingual education and inclusive environments.

The conflict over DEI in schools is the latest in a series of high-profile disputes between New York and the federal government. State officials have also refused a separate Trump administration order to halt a congestion pricing plan that would fund improvements to New York City’s mass transit system. Despite threats of financial penalties, the city’s education officials say they will not back down from their commitment to providing all students with a quality education in an environment that welcomes and respects their identity and background. “This work is essential to our vision of Equity and Excellence for all NYC students,” the Department of Education said in a statement. “We cannot build high-quality schools for all without ensuring they are welcoming and supportive of every child.”

Stacy M. Brown

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