The Trump administration wants the nation’s schools to certify that they’re not using “illegal DEI practices” by April 24 in order to continue receiving federal education funds.
In a letter sent April 3, the administration gave state education chiefs 10 days to sign a certification saying they’re complying with Title VI of the Civil Rights Act, which prohibits race-based discrimination in federally funded programs.
But the certification makes clear that the U.S. Department of Education considers the use of diversity, equity, and inclusion—which it doesn’t specifically define—to be a potential violation of the anti-discrimination law. It argues that the act of treating people differently based on their race, or programs that “advantage one’s race over another,” constitute an “illegal DEI practice,” citing the U.S. Supreme Court’s 2023 decision to overturn the legality of affirmative action policies that allowed universities to consider race as a factor in college admissions decisions.
The department initially gave states 10 days to respond, but extended the deadline to April 24 in a follow-up letter. The agency is also asking state education chiefs to collect certifications from local districts.
State leaders are starting to share whether they intend to comply with the certification order, and early reactions are breaking down largely—but not entirely—along party lines.
As of April 11, 11 states where Republicans control the executive and legislative branches, four states where Republicans and Democrats split control of the two branches, one state where Democrats control both branches, and Puerto Rico, have said they intend to sign the certification.
One of those states, New Hampshire, set up a website posting local districts’ certifications as they come in, earning praise from Education Secretary Linda McMahon.
The education secretary in another of those states, Vermont, said the state intends to sign the certification on districts’ behalf, so districts won’t have to sign their own. As part of that certification, though, the state will “reject conditions or assurances that are not supported by current law,” a state education agency spokesperson said.
“Nothing about this directive requires a change to our diversity, equity and inclusion practices, and we’re not going to change,” Education Secretary Zoie Saunders said in a Monday statement. “In Vermont, diversity, equity and inclusion practices are about being supportive of all students to create and sustain positive, welcoming learning environments.”
Some states are balking at the DEI certification order
Meanwhile, 10 states, all with Democratic governors, have said they don’t intend to comply, with some questioning the Education Department’s authority to request such a certification and noting that districts already routinely certify their compliance with civil rights laws as a condition of receiving federal money.
“We will not sign additional certifications that lack authority, lack clarity, or are an assault on the autonomy of states and local school districts by misapplying a higher education admissions case,” said Chris Reykdal, Washington state’s education chief, in a Tuesday statement. “It would be irresponsible to do so.”
Some states that didn’t sign the certification asked the department to reply with more details about whether the request amounts to a threat of enforcement of requirements beyond existing law; which federal grant programs would be in jeopardy if the department finds states in violation; and which law authorizes the department to compel states to insist that districts sign federal certifications.
Some also raised concerns about the abrupt nature of the department’s request, which came with no comment period or advance notice.
“At best, the Reminder and Request appears to be redundant,” wrote Benjamin Jones, general counsel for the Wisconsin Department of Instruction. “At worst, the Reminder and Request appears to be unauthorized, unlawful, and unconstitutionally vague.”
Some states, including Louisiana, are soliciting signatures from districts but haven’t said whether the state itself will sign. Others, including Missouri and Utah, have told districts they don’t need to sign the letter because they’ve previously certified that they’re complying with federal laws.
As of April 10, five of the six states that have currently proposed legislation aiming to ban DEI from public schools have not said how they will respond to the letter. Those states are Kentucky, Mississippi, North Carolina, Texas, and West Virginia.
Trump’s anti-DEI push has drawn legal challenges
The certification order for states and school districts stems from a Feb. 14 Dear Colleague letter issued by the Education Department and a subsequent “frequently asked questions” document that warned districts they’d risk losing federal funds if they retained DEI programming.
The department also launched an “End DEI” portal to solicit public complaints about DEI programs in schools.
The nation’s two largest teachers’ unions separately sued the department over those measures, and they have both since added challenges to the certification letter to their lawsuits. Both are seeking judges to stop the federal agency from enforcing the February memo and the certification requirement.
On April 10, the department agreed as part of the National Education Association’s lawsuit in federal court in New Hampshire to halt any enforcement of either the February Dear Colleague letter or the latest certification requirement until after April 24.
“This pause in enforcement provides immediate relief to schools across the country while the broader legal challenge continues,” the NEA press release announcing the agreement said.
The U.S. Department of Labor under Trump has also drawn legal challenges for an executive order requiring grant recipients to sign a certification letter similar to the one sent to states and K-12 schools.
In blocking part of that order, a judge said plaintiffs who challenged it were likely to succeed in arguing that the order is unconstitutionally vague and violates free speech rights.
The Trump administration “has studiously declined to shed any light on what [DEI] means,” wrote Judge Matthew Kennelly of the U.S. District Court for the Northern District of Illinois. “The answer is anything but obvious.”
2025-04-10 20:30:09
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