What is important as a school's DEI program? And how does such a program differ from simply learning and talking about race and identity?
These questions have been central to local education debates over the past five years. Now, they are most likely even more pressing after the Trump administration informed all 50 states on Thursday that if public schools engage in using DEIs to “better than another race,” they could lose federal funds.
The letter presents the most clear threat to the country's largest source of federal funding for K-12 schools. This is Title I, which supports low-income students. (Federal dollars account for approximately 8% of K-12 education funds.)
President Trump has previously pressured schools not to recognize their transgender identity. The new directive focuses on categories of race, colour and country origin. Documents sent to the state cite the title VI of the Civil Rights Act, which seeks to prevent discrimination, and the Supreme Court's 2023 decision overturns a positive case in college admissions.
The administration has not provided many examples of K-12 programs that are deemed illegal. But here are the types of initiatives that could be scrutinized.
Single Race Affinity Group
Schools may separate students by race to provide targeted support or to encourage more open discussions about race itself.
For example, some districts have convened support groups for black boys. There, issues relating to masculinity, achievement and relationships are discussed. These groups may provide academic tutoring and assist with university applications.
Additionally, some schools divided all students into discussion groups in the race, including Asian students, White students, Latino students and multi-ethnic students, to promote conversations about diversity and bias.
It is clear that the Trump administration will not accept these practices. We have already begun a survey of Ithaca Public Schools in New York to hold a series of meetings for students of color.
“Segregation is illegal,” the administration declared in one explanatory document, defining segregation as an activity that “segregates students, faculty, or staff based on race.”
The document reveals that it has nothing to do with whether educators separate students for “presumably beneficial purposes.”
Black Studies and Ethnic Studies Course
Over the past decade, many states, school districts and curriculum publishers have created new coursework in Black and Ethnic Studies.
The Trump administration's new guidelines do not explicitly discuss the K-12 curriculum. However, in advising universities, the administration previously stated that classes that “emphasize and focus on racial stereotypes” “may create hostile environments under Title VI.”
Trump and his allies have argued in the past that debates of structural racism and white privilege create hostile environments for white students by stimulating unnecessary feelings of personal guilt. However, the concept of structural racism is central to fields such as black research and ethnic studies, increasingly being taught in left-leaning states and districts.
Kimbare Crenshaw, a leading black research and legal scholar, said the administration has reached far beyond established legal precedents, arguing that schools should not rush to accept the administration's interpretation that civil rights law allows curriculum restrictions.
She warned against what she called “Expected Submission – an idea that gives us more than we are asked to do because we want to be safe.”
Programs that enhance outcomes for specific groups
Some school districts have developed written plans to increase test scores and graduation rates for certain groups of students, such as black boys.
These programs often employ a more diverse set of teachers and seek to better match student demographics. The plan may refer to goals such as enrolling more non-white students in advanced placement courses or talented programs.
In response to questions about whether such academic initiatives could be targeted, Craig Trainer, the deputy assistant education aide for civil rights, said in a statement that “this is not complicated.”
He pointed to previous management guidance, saying, “If educational institutions treat people of a race differently than others' races, educational institutions are in violation of the law.”
Heritage celebrations and book list
Many schools commemorate events like Black History Month and Moon New Year with special reading lists and performances. Some have formed after-school clubs to explore specific identities.
In a school-facing FAQ document, the administration says that heritage groups and celebrations are not inherently a problem.
However, anti-DEI laws and regulations have spurred some educators to self-censorship.
In states like Florida, where DEIs have similar restrictions, schools may cancel her legacy programming in anticipation of conservative lawmakers and activists targeting them, removing library books that touch on black historical figures and civil rights movements.
In response to previous Trump enforcement actions, some Department of Defense schools have suspended Hispanic and Asian heritage groups and canceled Black History Month rallies and performances.
Is one of these enforceable?
There are 13,000 school districts across the country, and it is unclear how effectively the Trump administration can police them. Trump has cut down on education department staff significantly as he attempts to dismantle an agency that includes many lawyers investigating civil rights violations.
Just like he did in college, Trump may target prominent liberal school districts like the country's big cities.
The potential impact of these locations can be significant. For example, Los Angeles received $861 million from the federal government this fiscal year and used the money to pay salaries for teachers, counselors, social workers and psychiatrists.
