Department of Education Issues Warning on Diversity Policies to States

The Department of Education is warning state education departments that they must remove diversity, equity, and inclusion policies or risk losing federal funding.

A letter from the Department of Education Office for Civil Rights was sent to the departments of education in all 50 states, notifying them that they have no more than 14 days to comply. The letter was shared on social media by the Elon Musk-led Department of Government Efficiency.

"Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding," Craig Trainor, acting assistant secretary for civil rights in the Department of Education, said in the letter.

The letter stated that the "overt and covert racial discrimination that has become widespread in this Nation's educational institutions" will no longer be tolerated.

It argues that a Supreme Court ruling in Students for Fair Admissions v. Harvard, which found that affirmative action in Harvard University's admission process violated the equal protection clause of the Fourteenth Amendment, should apply more broadly.

"The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent," the letter reads.

Trainor stated that the Department of Education will "vigorously enforce the law on equal terms as to all preschool, elementary, secondary, and postsecondary educational institutions, as well as state educational agencies, that receive financial assistance."

The letter urges state education departments to "ensure that their policies and actions comply with existing civil rights law ... cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends" and "cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race."

The letter follows actions taken by President Donald Trump, who signed executive orders directing agencies to provide a plan to eliminate federal funding for "illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology." He also signed orders to end DEI programs in federal agencies.

The Department of Education previously announced the removal of mentions of DEI from documents and websites. The department also placed employees that led DEI initiatives on leave and dissolved its Diversity & Inclusion Council.