Shortly after his inauguration, President Donald Trump signed Executive Orders (EO) banning use of controversial Diversity, Equity, and Inclusion (DEI) principles in any part of the federal government and in any program that receives federal taxpayer funding.
"We will forge a society that is colorblind and merit-based," Trump said in his inauguration speech.
All federal DEI employees were placed on leave shortly thereafter and the White House and cabinet members have been moving swiftly to rid the country of discriminatory DEI practices.
Since the EO was signed, school systems across the country began efforts to comply with the federal order to remove DEI programs from their schools.
New York, on the other hand, is openly defying the White House. New York maintains that it already complies with all anti-discrimination laws and that it will not “further certify” that they do not use DEI ideology in New York State education programs.
Trump administration had ordered K-12 schools nationwide to certify in writing that they are ending any discriminatory DEI practices as a condition for receiving federal money. Federal funding comprises about 6% of the total funding for New York K-12 schools.
In a letter to the US Department of Education, NYSED Counsel and Deputy Commissioner Daniel Morton-Bentley wrote “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion. But, there are no federal or State laws prohibiting the principles of DEI. And USDOE has yet to define what practices it believes violate Title VI.”
NYSED said it sees no legal basis for the federal government to demand the removal of DEI initiatives or to cut funding for noncompliance, citing its interpretation of court rulings.
NYSED “is unaware of any authority that USDOE has to demand that a State Education Agency … agree to its interpretation of a judicial decision or change the terms and conditions of [New York State Education Department]’s award without formal administrative process,” wrote Morton-Bentley.
"The New York State Education Department has consistently certified, on multiple occasions, that it does and will comply with Title VI of the Civil Rights Act of 1964. Given the fact that USDOE is already in possession of the guarantees by NYSED, no further certification will be forthcoming. The Board of Regents and State Education Department continue to work with New York's schools to increase equity, access, and opportunities in education for all New York State students," said NYSED Director of Communications JP O'Hare.
Morton-Bentley ended his letter saying, “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.”
It’s a wait and see if the Trump administration pulls federal funding from New York. A challenge in courts is a sure thing if they do.