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The Trump administration has issued a sweeping warning to K–12 school districts across the country: eliminate unlawful diversity, equity, and inclusion (DEI) practices or risk losing federal funding.
In a March 28 memo from the U.S. Department of Education, states were told they must certify within 10 days that their school districts are not using race-based advantages or DEI practices deemed discriminatory. If they fail to comply, they could face litigation, repayment of funds, or total loss of federal education aid.
“Federal financial assistance is a privilege, not a right,” said Craig Trainor, acting Assistant Secretary for Civil Rights. He claimed many schools use DEI “to discriminate against one group of Americans to favor another,” which he said violates federal anti-discrimination laws.
An Unprecedented Move
The memo sparked shockwaves throughout the education community, with some experts calling the move unprecedented.
“This gives the federal government a green light to comb through districts’ policies and curricula for potential red flags,” said Jonathan Collins, co-director at Columbia University’s Teachers College. “This is quite unprecedented.”
While no school has lost federal funding over civil rights violations in more than three decades, education advocates fear this could change. The Department of Education has already warned Maine that it may seek DOJ action to withhold funds over policies regarding transgender student athletes.
Grants to some Ivy League universities have also been frozen due to perceived failures to combat campus antisemitism.
“Is this what the Trump administration calls local control?” asked Keri Rodrigues, president of the National Parents Union. “You can’t say you’re giving control back to states and then dictate how they run their schools.”
DEI and Conservative Backlash
DEI — or diversity, equity, and inclusion — has become a target of conservative activists, who argue it unfairly elevates certain racial or gender groups. Many began linking DEI to critical race theory, a graduate-level framework that critics say has seeped into K–12 education.
The Trump administration’s move follows a Feb. 14 directive that gave schools 14 days to cease using race in admissions, hiring, discipline, grading, and financial aid.
Civil rights groups have pushed back. The American Civil Liberties Union and National Education Association are suing the Department of Education, alleging the administration is exceeding its authority and chilling free speech.
“The letter in no way changed the law,” said Michael Pillera, a former civil rights attorney at the department. “What changed is the department’s behavior — and its desire to intimidate.”
Legal Pressure and Fear in Schools
The new certification form adds pressure to districts already trying to comply with Title I regulations, which prohibit discrimination as a condition of accepting federal funds. But the latest directive appears to go beyond existing law, say critics, potentially creating a “gotcha game” based on political ideology.
“This isn’t about the law — it’s about creating a fire drill,” said Liz King, of the Leadership Conference on Civil and Human Rights. “This is only the latest fire drill in a campaign of chaos and fear.”
The Education Department has not clarified how it will enforce the directive, only stating it will consider each case individually while also balancing First Amendment rights.
Meanwhile, school officials are left scrambling — some fearful of litigation, others worried about pulling back from legally sound DEI programs just to avoid being flagged.
As Trump’s education agenda accelerates, the battle over race, equity, and control of American schools appears far from over.
