WASHINGTON 鈥 Some Democratic-led states and cities are pushing back on a Trump administration聽聽over diversity, equity and inclusion programs, which could test how far the White House is willing to go to press its demands on the nation鈥檚 schools.
State leaders in Minnesota and聽聽said they will not comply with an Education Department order to gather signatures from local school systems certifying compliance with civil rights laws, including the rejection of what the federal government calls 鈥渋llegal DEI practices.鈥 Chicago鈥檚 mayor promised to sue over any cuts. California and Vermont told schools they don't need to respond.
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It amounts to some of the most forceful opposition yet as the Education Department uses federal funding as leverage to enact President Donald Trump鈥檚 agenda on issues from DEI to聽聽and transgender athletes.
The White House targeted colleges and K-12 schools alike, but unlike universities that聽, school systems get the vast majority of their money from state and local sources.
In a letter Monday to the Education Department, Minnesota鈥檚 education chief said the Trump administration overstepped its authority with its latest demand, adding there鈥檚 nothing illegal about DEI.
鈥淭hreats to this funding without backing in law or established requirements put key programs at risk that students and schools depend on every day,鈥 said Willie Jett, Minnesota's education commissioner.
It followed a Friday letter from New York鈥檚 education office challenging the federal government鈥檚 latest demand. It said New York already provided assurances that it follows federal law and 鈥渘o further certification will be forthcoming.鈥
Trump administration set a deadline for schools to disavow DEI
The U.S. Education Department told state agencies in a letter Thursday they must sign a document saying they follow federal antidiscrimination laws and get the same assurance from schools. The document threatens to cut federal money for any civil rights violation, including聽聽鈥渢o advantage one's race over another.鈥
On Tuesday, Education Secretary Linda McMahon聽聽for being the first to submit its certification. 鈥淓very state that wants to continue receiving federal funds should follow suit,鈥 she posted on social media.
The letter threatens to use civil rights enforcement to rid聽schools of DEI practices. Schools that continue such practices 鈥渋n violation of federal law鈥 can face Justice Department litigation and a termination of federal grants and contracts, it said.
The letter initially gave states 10 days to submit the certification. On Monday, the Education Department extended the deadline to April 24.
A department spokesperson said the agency is 鈥渟imply asking school districts to certify they are following the law and not using race preferences or pernicious race stereotypes in schools.鈥
The nation's largest teachers union asked a federal court to block the order, saying some schools are聽clamping down on DEI practices as the government raises the stakes. The National Education Association filed the motion in Republican-led New Hampshire, which moved to comply with the federal demand.
Schools in many states already are required to affirm compliance with antidiscrimination laws, and even some GOP-led states question whether they need to get the new document signed by each district. Missouri鈥檚 education office said schools' previous assurances should be sufficient, and it will reach out to districts 鈥渋f additional information is necessary.鈥
Others moved to follow the order, including Virginia and Arizona, where state education chief Tom Horne said the order 鈥渁ligns completely with my philosophy.鈥
The pushback contrasts with colleges' responses to government demands
The resistance from some states stands in contrast with the response from universities targeted by the federal government. As the Trump administration made demands on colleges, including聽听补苍诲听, some students and faculty members implored institutions to do more to defend their values and academic freedom.
The stakes are different for colleges, which聽聽that makes up nearly half the total revenue at some institutions. Federal funding makes up a smaller portion of K-12 school budgets 鈥 about 14%.
Vermont鈥檚 education chief assured schools the state supports DEI practices and said superintendents won鈥檛 need to sign the certification. Instead, the state will assure federal officials it鈥檚 already following federal law, Zoie Saunders, the state鈥檚 education secretary, said in a letter to school districts.
鈥淣othing about this directive requires a change to our diversity, equity and inclusion practices, and we鈥檙e not going to change,鈥 Saunders said in a news release.
The Illinois board of education rebuked the federal agency, saying it鈥檚 鈥渁ttempting to exert power over every district in the country 鈥 even as it claims it鈥檚 returning education to the states.鈥 Chicago Mayor Brandon Johnson, a Democrat, said his city is willing to go to court over the order, which he called federal overreach.
The New York and Minnesota letters cite past comments from Betsy DeVos, Trump鈥檚 education secretary during his first term, extolling the virtues of diversity and inclusion, and argue the Education Department shifted its position without explanation.
The states also accuse the department of making broad declarations about the illegality of DEI without citing policies that violate federal law.
Many states said they were still reviewing the letter.
