'Going to fight back': New York rejects Trump's threat to cut school funds over DEI order

The New York state education department rejected demands from the Trump administration to dismantle diversity, equity and inclusion (DEI) initiatives in public schools, arguing that there is no legal basis for such orders.

The state's response came after a federal memo threatened to withhold critical Title I funding—meant for schools with high numbers of low-income students—from districts that do not comply. The administration had demanded that schools submit signed compliance forms within 10 days, certifying that DEI programmes were shut down, claiming these initiatives violate civil rights laws.

In a letter sent on Friday, Daniel Morton-Bentley, deputy commissioner for legal affairs at the New York state education department, pushed back: “We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion’.” He continued, “But there are no federal or state laws prohibiting the principles of DEI,” as quoted by The New York Times.

Morton-Bentley also questioned the legal foundation of the administration’s demand, stating that the federal government had failed to specify which DEI practices allegedly violate civil rights. He criticised the administration’s interpretation of a 2023 Supreme Court decision that struck down affirmative action in college admissions, pointing out that the ruling does not apply to K-12 education.

The letter warned federal officials not to confuse political agendas with legal mandates, stating the case does “not have the totemic significance that you have assigned it.” It concluded with a defiant message: “No further certification will be forthcoming.”

New York's stand is in sharp contrast to the more cautious response seen from several universities, many of which have removed DEI content or cancelled related events under federal pressure. The state, however, appears determined to uphold its commitment to equity and inclusion.

Morton-Bentley also noted that the Trump administration’s position represents “an abrupt shift,” referencing former education secretary Betsy DeVos, who had previously stated that “diversity and inclusion are the cornerstones of high organisational performance” and “key elements for success.” He added, “This is an abrupt shift,” and pointed out that the administration had “provided no explanation for how and why it changed positions.”

Elsewhere, Chicago Mayor Brandon Johnson echoed New York’s resistance, saying the city would take legal action if federal funds were withheld. “We’re not going to be intimidated by these threats,” Johnson told reporters. “It’s just that simple. So whatever it is that this tyrant is trying to do to this city, we’re going to fight back.”

Public school districts may also have more leeway than universities to resist such federal pressure, as around 90 per cent of their funding typically comes from state and local sources.