Public schools that don't abandon diversity, equity, and inclusion policies could lose federal funding, the Department of Education warned in a letter Thursday to state officials—but it's not entirely clear which programs are still OK. The memo to officials overseeing K-12 schools included a certification letter to be signed and returned within 10 days, the New York Times reports. Officials were told to verify that schools were in compliance with Title VI of the Civil Rights Act, which bans "discrimination based on race, color, or national origin in programs or activities that receive federal financial assistance," the Guardian reports.
The memo warned that funding for schools with low-income students was at risk, the Times reports. "Federal financial assistance is a privilege, not a right. When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements," said Craig Trainor, the department's acting assistant secretary for civil rights. "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."
During her confirmation hearing, Education Secretary Linda McMahon said she wasn't sure which programs would be against President Trump's anti-DEI agenda. She said celebrating the Rev. Dr. Martin Luther King Jr. would be allowed, but she was "not quite certain" about Black history programs. The department later released a document saying classes on particular cultures and heritage are allowed, as long as they are open to students of all races, but "schools must consider whether any school programming discourages members of all races from attending, either by excluding or discouraging students of a particular race or races, or by creating hostile environments based on race for students who do participate." (More Department of Education stories.)