New York State Education Department Defies Trump Administration on DEI Practices

The New York State Education Department (NYSED) has made a firm decision to maintain its diversity, equity, and inclusion (DEI) practices despite directives from the Trump administration to terminate such initiatives. In a recent communication, Daniel Morton-Bentley, the counsel and deputy commissioner for NYSED, emphasized that there are no legal grounds that prohibit DEI principles, challenging the administration’s stance.

Resistance to Federal Directives

According to a letter from the NYSED, the department has consistently affirmed its compliance with Title VI of the Civil Rights Act of 1964, as evidenced by its approved Every Student Succeeds Act Plan. Despite this, the Trump administration’s Department of Education has issued a demand for certification that schools are ceasing DEI practices, a move that NYSED argues lacks legal basis and procedural justification.

The letter from NYSED argues:

“Beyond that, NYSED is unaware of any authority that USDOE has to demand that a State Education Agency (SEA) agree to its interpretation of a judicial decision or change the terms and conditions of NYSED’s award without formal administrative process. We understand that the current administration seeks to censor anything it deems “diversity, equity & inclusion” (DEI). But there are no federal or State laws prohibiting the principles of DEI. And USDOE has yet to define what practices it believes violate Title VI; your request for certification merely adverts to “certain” and “illegal” DEI “practices.” The requested certification attempts to condition NYSED’s continued funding on USDOE’s interpretation of the law—an interpretation that, as USDOE admits, lacks “the force and effect of law.” USDOE cannot make improvisatory changes to legal assurances and impose new requirements on recipients without adhering to rulemaking procedures (see 20 USC §1232).”

Funding and Financial Independence

Despite the federal government’s contribution to K-12 funding, New York schools primarily rely on local tax revenue and state funds. For instance, in the 2024-2025 school year, only about 5 percent of New York City Public Schools’ $40 billion budget was funded by federal contributions, highlighting the state’s financial autonomy in educational matters.

Broader Efforts to End DEI

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The Trump administration has been actively seeking to curtail DEI initiatives not only in state education systems but also within the federal workforce. President Donald Trump signed an executive order in January to eliminate DEI programs from federal employment, signaling a broader agenda to roll back these practices across various sectors. Additionally, the Department of Education has launched the “End DEI” portal, which allows individuals to report instances of sex and race-based discrimination in public K-12 schools, further emphasizing the administration’s commitment to this cause.