Several Democratic-led states and cities are pushing back against a Trump administration threat to withhold education funding from schools that continue to support diversity, equity, and inclusion (DEI) programs, a move that has sparked a deepening standoff and could test the administration’s willingness to wield federal funding as a political tool.
State education leaders in Minnesota and New York have flatly refused to comply with a recent Education Department directive requiring local school systems to sign off on certifications affirming compliance with federal civil rights laws, including a disavowal of what the department calls “illegal DEI practices.”
In Chicago, Mayor Brandon Johnson has vowed to take legal action if any funding is withheld. Meanwhile, officials in California and Vermont have informed schools that there’s no obligation to respond.
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This pushback marks some of the most direct resistance yet as the Education Department under President Donald Trump attempts to leverage federal dollars to implement its agenda across a range of hot-button issues—including DEI programs, campus antisemitism, and transgender participation in sports, AP reported. The administration’s efforts span both colleges and K-12 schools. However, unlike universities that are heavily dependent on federal funding, most public school systems receive the vast majority of their resources from state and local governments.
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In a sharply worded letter sent Monday to the Education Department, Minnesota Education Commissioner Willie Jett accused the federal government of overreaching its authority. “There is nothing illegal about DEI,” Jett wrote. “Threats to this funding without backing in law or established requirements put key programs at risk that students and schools depend on every day.”
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That letter came just days after New York’s education office issued a formal challenge to the federal demand, asserting that the state had already demonstrated compliance with federal laws and would not be submitting any further certifications.
The Education Department’s original directive, issued Thursday, instructed state education agencies to sign a document affirming adherence to antidiscrimination laws and to collect similar certifications from every school district. The document warned of potential funding cuts for any practices deemed discriminatory, including DEI initiatives that “advantage one’s race over another.”
On Tuesday, Education Secretary Linda McMahon praised Puerto Rico for becoming the first jurisdiction to submit the requested certification. “Every state that wants to continue receiving federal funds should follow suit,” McMahon posted on X.
While the letter does not carry the weight of law, it signals the administration’s intent to use civil rights enforcement mechanisms to curtail DEI programs. It states that any school district continuing such programs “in violation of federal law” could face litigation from the Justice Department and a loss of federal funding.
The department initially gave states just 10 days to comply. On Monday, that deadline was extended to April 24.
A spokesperson for the department defended the directive, saying, “We’re simply asking school districts to certify that they are following the law and not employing race preferences or promoting harmful racial stereotypes in schools.”
The move has prompted legal action. The National Education Association, the country’s largest teachers union is seeking a federal injunction to block the order, claiming it’s already having a chilling effect, with some schools preemptively scaling back DEI efforts. The NEA filed its motion in New Hampshire, a Republican-led state that has signaled it will comply with the federal mandate.
Notably, many states already require schools to affirm compliance with civil rights and antidiscrimination laws. Even some GOP-led states are questioning the necessity of the new certification. Missouri’s education office, for instance, said its schools’ prior assurances should suffice and that it would follow up only “if additional information is necessary.”
Other states are moving forward with compliance. In Arizona, state education chief Tom Horne endorsed the federal order, stating it “aligns completely with my philosophy.” Virginia is also among those indicating it will meet the new federal requirements.
The resistance from Democratic-led states marks a striking contrast with the more cautious responses from universities under similar pressure. The Trump administration has also targeted institutions such as Columbia and Harvard, prompting calls from students and faculty for stronger defenses of academic freedom and institutional values.
But the stakes differ. While federal funding accounts for up to half of the revenue at some colleges and universities, K-12 school systems receive only about 14% of their budgets from the federal government.
In Vermont, Education Secretary Zoie Saunders reassured local superintendents that the state supports existing DEI initiatives and that schools need not sign the certification. Instead, the state itself would confirm compliance with federal law. “Nothing about this directive requires a change to our diversity, equity, and inclusion practices, and we’re not going to change,” Saunders stated in a news release.
The Illinois State Board of Education also issued a strong rebuke, accusing the federal government of “attempting to exert power over every district in the country — even as it claims it’s returning education to the states.” In Chicago, Mayor Johnson labeled the order as federal overreach and indicated the city is prepared to challenge it in court.
In their letters, both Minnesota and New York pointed to previous statements by Betsy DeVos, Trump’s first-term Education Secretary, who once praised diversity and inclusion as vital to success. They argue that the current administration’s position represents a sudden and unexplained reversal of long-held views.
The states also contend that the Education Department has failed to identify which DEI practices specifically violate federal law. “If the agency has identified any DEI practices that are unlawful, we request to be advised of them,” Minnesota officials wrote.
Many other states say they are still reviewing the letter and weighing how to respond, setting the stage for what could be a significant legal and political showdown over the future of DEI in American schools.
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