States to Certify Anti-Discrimination Commitment or Lose Federal Education Funding

States have 10 days to return signed forms acknowledging compliance with the 1964 Civil Rights Act and the 2023 Supreme Court decision.

The U.S. Department of Education in Washington on June 10, 2024. Madalina Vasiliu/The Epoch Times

State education agencies must now certify that schools under their jurisdiction are not discriminating against students or employees based on race or national origin to remain eligible for future federal funding, officials said on April 3.

The announcement, released by the Department of Education’s Office for Civil Rights, follows President Donald Trump’s executive order prohibiting diversity, equity, and inclusion (DEI) programs in public schools.

It also cites the 2023 Supreme Court decision that determined that Harvard University’s practice of factoring in applicants’ race in the admissions process was illegal and unconstitutional.

The signed forms are due on April 13. The announcement said state education leaders are responsible for the compliance actions of all local school districts.

“Federal financial assistance is a privilege, not a right. When state education commissioners accept federal funds, they agree to abide by federal anti-discrimination requirements,” Craig Trainor, acting assistant secretary for the Office for Civil Rights, said in the announcement.

“Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.

“No student should be denied opportunities or treated differently because of his or her race. We hope all state and local education agencies agree and certify their compliance with this legal and constitutional principle.”

Trump’s executive order cited DEI in the form of hiring practices, training, and affinity groups for school employees and students.

It also prohibits curricula such as critical race theory and other forms of biased instruction and ideological indoctrination centered on racial or gender identities.

The order and an explanation of Civil Rights laws supporting it were sent to K–12 and higher education leaders across the nation on Feb. 14.

Contracts and grants that funded DEI programs at universities have already been cut.

On April 2, House Democrats met with Education Secretary Linda McMahon to relay concerns about future federal funding for low-income districts and special education programs.

During the news conference that followed the meeting, the lawmakers criticized Trump’s “war on DEI” and said the Education Department’s Office for Civil Rights, put in place well before the current administration, was intended to address all types of harassment and discrimination complaints; not be used as a tool for eliminating diversity and equity.

“Civil Rights does become the crux of the controversy,” Rep. Jamie Raskin (D-Md.) said.

“We don’t want the second Trump administration to be the moment where all of the progress that we’ve made in American history toward an equal and excellent education for everybody suddenly goes down the drain.”