New York Public Schools Uphold DEI Policies Despite Federal Threats

New York state leaders have rejected the Trump administration’s directive to dismantle diversity, equity, and inclusion (DEI) efforts in public schools, stating they will uphold these programs even if it risks the loss of federal education funding.

“Diversity is a superpower here in New York City, we are always going to honor that,” New York City Public Schools Chancellor Melissa Aviles-Ramos said last Thursday. “We are always going to make sure that we are serving every child and family in New York City.”

Last week, the Trump administration gave K-12 schools across the country a 10-day deadline to certify their compliance with President Donald Trump’s executive order, “Ending Radical Indoctrination in K-12 Schooling.” Trump administration officials warned that states or school districts refusing to certify their compliance with the administration’s misinterpretation of civil rights law would lose eligibility for federal funding.

In a letter sent Friday, Daniel Morton-Bentley, who serves as counsel and deputy commissioner of New York’s Department of Education, asserted that the U.S. Department of Education lacks the legal power to force states to accept its interpretation of court decisions or to withhold funding without following a proper administrative procedure. “USDOE is entitled to make whatever policy pronouncements it wants — but cannot conflate policy with law,” Morton-Bentley wrote.

Morton-Bentley also explained that the state Education Department has affirmed its compliance with Title VI of the Civil Rights Act of 1964 several times, including as recently as January, and contended that the federal government’s attempt to dismantle DEI initiatives stems from a misreading of the law. “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion,’” Morton-Bentley wrote. “But there are no federal or State laws prohibiting the principles of DEI.”

“Given the fact that you are already in possession of guarantees by NYSED that it has and will comply with Title VI, no further certification will be forthcoming,” he wrote in his letter.

In New York City, approximately $2 billion in federal funding — close to 5 percent of the city’s total education budget — is at stake. A significant portion of this federal funding comes from the Title I program, which contributes around $700 million each year specifically to schools serving low-income communities across the city.

However, Chancellor Aviles-Ramos has noted that the majority of New York City school funding is locally and in-state based, with approximately 57 percent from the city and 37 percent from the state. In response, she has been advocating for reforms to the Foundation Aid formula to increase the city’s share of state education funding. “That’s where we’re putting our focus,” Aviles-Ramos said about her ongoing legislative advocacy efforts.

Although the Trump administration has moved to dismantle the U.S. Department of Education, the agency has simultaneously pursued an aggressive approach to civil rights enforcement. This has included pressuring universities to change admissions policies, demanding states discontinue DEI initiatives, and investigating schools that support transgender students. Some institutions, such as Columbia University, have capitulated to the federal government’s demands. However, others, like New York Public Schools, have decided to resist.

Chicago Mayor Brandon Johnson has also announced that he will sue the federal government if funding is withheld, describing the directive as an unconstitutional infringement on free speech. “We’re not going to be intimidated by these threats, it’s just that simple. Whatever it is that this tyrant is trying to do to this city, we’re going to fight back,” Johnson said.