The New York State Department of Education announced on Friday its rebellious response to the Trump administration's threat of withdrawing federal funds from public schools over specific diversity, equity and inclusion programs.
Daniel Morton Bentley, vice-chairman of state education institutions in New York, wrote to federal education officials that “current administrations understand that they are trying to censor what they consider to be “diversity, equity and inclusion.”
“But there are no federal or state laws that prohibit the DEI principles,” Morton Bentley wrote, adding that the federal government has not defined practices it believes to violate civil rights protections.
The stern letter was sent a day after the federal government issued a memo to education staff across the country, asking them to confirm the elimination of all programs that unfairly promote diversity, equity and inclusion. Federal officials say funding for schools with a high proportion of low-income students was at risk because compliance was pending.
New York's stance was different from muted, often postponed responses across academia and other major institutions to the Trump administration's threat. Some universities have quietly scrubbed diversity websites, cancelled events to comply with executive orders and avoid the outrage of the White House.
The division emerged last spring as presidents of several universities, including Harvard and Columbia, adopted a cautious response when House Republicans faced Congressional hearings on anti-Semitism. In contrast, K-12 leaders, including then-New York City public school prime minister David C. Banks, took a militant approach.
The latest waves of pushbacks are spreading. In Chicago, Democrat, Mayor Brandon Johnson, told reporters Friday that if the city snatches funds, the city would take the Trump administration to court.
“We are not threatened by these threats,” Johnson said. “That's exactly that. So, whatever this tyrant is trying to do to this city, we'll fight back.”
Unlike universities that rely on federal funding for medical and scientific research, public school districts are isolated from threats to bottom-end profits, as 90% of their funds come from state and local taxes.
The Trump administration memo uses a broad interpretation of the 2023 Supreme Court decision, declaring that a racially based positive action program is illegal at universities. The verdict did not address issues involving K-12 schools.
The vast reasoning didn't sit well with New York. The state letter argued that the incident “has no totemic importance that you assigned it,” and that while federal officials were free to make policy statements, “it cannot be combined with policy and law.”
Morton Bentley also called for what he said was the face of the administration's top ranked face.
He pointed out that Betsy DeVos, President Trump's first term in education, once told staff that “diversity and inclusion are the basis for high organizational performance.” She also said “diversity and inclusion are key elements for success” for “building a strong team.”
“This is a sudden shift,” Morton Bentley added that the federal government “doesn't explain how and why it changed positions.”
The Trump administration memo included a certificate confirming compliance that officials must sign and return to the Education Department within 10 days. New York has shown that it treats demand as a requirement rather than as a requirement.
“A further recognition will not approach,” the state letter said.
