The New York State Education Department (NYSED) has taken a firm stance in favor of maintaining diversity, equity, and inclusion (DEI) practices, despite directives from the Trump administration to eliminate them.
This decision was articulated in a letter issued by Daniel Morton-Bentley, NYSED's counsel and deputy commissioner. Morton-Bentley emphasized that while the Trump administration seeks to "censor anything it deems" DEI, there are no existing federal or state laws that prohibit the principles of DEI.
As reported by Breitbart, the Trump administration's Department of Education had previously issued a notice to K-12 schools, mandating them to sign and return a certification within ten days, confirming their adherence to federal civil rights laws and the cessation of DEI practices. This directive was part of a broader effort to align educational practices with the administration's interpretation of civil rights laws. However, NYSED has consistently certified its compliance with Title VI of the Civil Rights Act of 1964, as evidenced by its Every Student Succeeds Act Plan, which received approval from the United States Department of Education (USDOE) on January 8, 2025.
In the letter, Morton-Bentley further argued that the USDOE lacks the authority to compel a State Education Agency to accept its interpretation of judicial decisions or to alter the terms of NYSED's funding without a formal administrative process. He stated, "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." He also pointed out that the USDOE has yet to clearly define which DEI practices it believes contravene Title VI, and that the request for certification is based on an interpretation of the law that lacks "the force and effect of law."
The financial implications of this federal directive are significant, yet not overwhelming for New York schools. According to the Washington Post, while the federal government contributes approximately 10 percent of K-12 funding nationally, New York schools primarily rely on local tax revenue and state funds. For instance, in the 2024-2025 school year, federal funds accounted for only about 5 percent of New York City Public Schools' $40 billion budget.
Katherine Hamilton of Breitbart News previously highlighted that the Department of Education had launched an "End DEI" portal in February. This platform was designed to enable students, teachers, and parents to report instances of sex and race-based discrimination in public K-12 schools. This initiative aligns with President Donald Trump's executive order signed in January, which directed the elimination of DEI programs from the federal workforce.
The ongoing debate over DEI practices underscores a broader ideological clash between federal directives and state-level educational policies. As NYSED continues to assert its autonomy in maintaining DEI principles, the tension between state and federal interpretations of civil rights laws remains a contentious issue.
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