As the April 24 deadline approaches for states to affirm compliance with the Trump administration’s policies restricting diversity, equity, and inclusion practices in schools or risk losing federal education funds, several states say they will not comply with the federal demands, while others intend to meet the requirements.
At least 11 states with Democratic governors, including New York, Colorado, Washington, Minnesota, Oregon and Wisconsin, have openly refused to comply with the administration’s demands for school districts to certify that they are not violating Title VI civil rights law through implementing DEI policies.
In a letter rejecting the directive, New York’s Deputy Commissioner for Legal Affairs Daniel Morton-Bentley said the state education department is unaware of any legal authority the federal government has to demand states eliminate DEI programs or withdraw federal funds if states refuse to comply, according to The Washington Post.
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Morton-Bentley said New York has already certified compliance with Title VI of the Civil Rights Act, making additional certification unnecessary.
Colorado Education Commissioner Susana Cordova also confirmed that the state would not comply, noting that Colorado’s education system already adheres to Title VI standards and the latest federal demand differs from previous assurances signed by districts, Fox 31 reported.
In Washington state, education chief Chris Reykdal described the federal certification request as lacking authority and clarity, calling it in a statement last week “an assault on the autonomy of states and local school districts.”
Washington officials have requested clarification on potential enforcement measures and legal authority underpinning the directive.
Wisconsin State Superintendent Jill Underly similarly asked the U.S. Department of Education for further clarification, criticizing the request as redundant and potentially unlawful.
Wisconsin receives significant federal funding — about $216 million in Title I funds alone this school year, with Milwaukee Public Schools receiving around $82 million of that amount, according to Wisconsin Public Radio.
Other states, however, have taken a cooperative stance.
Eleven Republican-controlled states, four states with split-party governance, one Democratic-led state and Puerto Rico have declared their intention to comply, according to an analysis by Education Week.
Among these states, New Hampshire established a public website to post local districts’ certifications, receiving praise from U.S. Education Secretary Linda McMahon.
Vermont’s Education Secretary Zoie Saunders said the state would sign certifications on behalf of districts to shield them from direct involvement but affirmed that Vermont would not alter its existing DEI practices.
Saunders stressed that Vermont’s practices are designed to support all students and create positive learning environments, dismissing the federal directive as having no practical impact on state policy.
In Maryland, school officials opted for a less confrontational approach by preparing to sign a simplified two-paragraph letter affirming compliance with civil rights laws, The Baltimore Banner reported.
The Education Department initially gave states a 10-day window from April 3 to respond but extended the deadline to April 24 following concerns and requests for clarification from multiple states.
The certification requires state education chiefs to affirm compliance with Title VI per the federal government’s interpretation that DEI practices involving racial preferences violate anti-discrimination laws.
The directive cites a 2023 U.S. Supreme Court ruling prohibiting affirmative action in college admissions, interpreting it as applicable to other DEI programs.
According to Acting Assistant Secretary for Civil Rights Craig Trainor, DEI initiatives constitute illegal discrimination if they favor one racial group over another, which the administration views as a violation of Title VI.
Meanwhile, several states remain undecided or ambiguous about compliance.
Louisiana has begun soliciting signatures from districts without clarifying if the state itself will comply. Missouri and Utah have advised districts that no new certifications are required since existing assurances are sufficient.
Five states with pending anti-DEI legislation — Kentucky, Mississippi, North Carolina, Texas and West Virginia — have not yet clarified their positions regarding the federal directive, Education Week notes.
