K-12 schools must sign certification against DEI to receive federal
money, administration says
[April 04, 2025]
By COLLIN BINKLEY
WASHINGTON (AP) — As a condition for receiving federal money, the Trump
administration is ordering K-12 schools to certify that they are
following federal civil rights laws and ending any discriminatory
diversity, equity and inclusion practices.
A notice sent Thursday by the Education Department gives states and
schools 10 days to sign and return the certification. It's the latest
escalation against DEI policies, apparently giving the Republican
administration a new lever for terminating federal money.
“Federal financial assistance is a privilege, not a right,” Craig
Trainor, acting assistant secretary for civil rights, said in a
statement. He said many schools have flouted their legal obligations,
“including by using DEI programs to discriminate against one group of
Americans to favor another.”
The certification asks state and school leaders to sign a “reminder of
legal obligations” acknowledging their federal money is conditioned on
compliance with federal civil rights laws. It also demands compliance
with several pages of legal analysis written by the administration.
“The use of certain DEI practices can violate federal law,” the
administration wrote in the certification, adding that it is illegal for
programs to advantage one race over another.
Schools and states that use illegal DEI practices can face a loss of
federal money, including grants and contracts, and can be held liable
under the False Claims Act, according to the certification. It
specifically threatens Title I funding, which sends billions of dollars
a year to America's schools and targets low-income areas.
The department ordered state education offices to sign the certification
and collect certifications from school systems.
It follows a Feb. 14 memo declaring that any school policy that treats
students or staff differently because of their race is illegal. It aimed
to fight what the memo described as widespread discrimination in
education, often against white and Asian American students.
The certification letter drew blowback from critics who said it
conflicts with Trump's promise to return education to schools and
states.
“Is this what the Trump administration calls local control? You can’t
say you’re giving control back to states and then dictate how they run
their schools," said Keri Rodrigues, president of the National Parents
Union.
[to top of second column]
|
President Donald Trump waves after an event to announce new tariffs
in the Rose Garden at the White House, Wednesday, April 2, 2025, in
Washington. (AP Photo/Mark Schiefelbein)
The new memo appears to lay the groundwork for financial sanctions
of the kind the Trump administration has leveraged against colleges.
Columbia University recently agreed to several demands after the
federal government cut $400 million amid an investigation into
campus antisemitism.
The government has used similar tactics at Princeton University and
the University of Pennsylvania.
Schools across the U.S. have been scrambling to determine what
practices could run afoul of the anti-DEI orders, but the new letter
does little to add clarity.
The initial February memo declared that federal law prohibits
schools and colleges from “using race” in decisions related to
admissions, hiring financial aid, housing, student life and more. As
justification, it invoked a 2023 Supreme Court decision barring
affirmative action in college admissions — a case focused on
admissions practices at Harvard and the University of North
Carolina.
The department later clarified that some practices are allowed,
including Black History Month celebrations and programs focused on
certain cultures, but it said many schools have “advanced
discriminatory policies and practices under the banner of ‘DEI’
initiatives.”
The American Federation of Teachers, a national teachers' union, is
suing to block the Feb. 14 memo, saying it violates the First and
Fifth amendments.
The union's president called the certification requirement illegal,
saying federal law prohibits the White House from telling schools
and colleges what to teach, and that federal money cannot be
withheld without due process.
“He's wielding a cudgel of billions in federal aid to tens of
millions of children, of all races and ethnicities, to force
educators to kowtow to his politics and ideology,” said Randi
Weingarten, president of the AFT.
All contents © copyright 2025 Associated Press. All rights reserved |
