Schools push back on directive banning DEI, seek clarity before complying

• Several school districts nationwide are delaying compliance with a new directive from the Trump administration that mandates the removal of DEI programs. Districts are awaiting clarification on the directive and its legality before taking action. 
• Wisconsin and Colorado are among those pushing back against the compliance deadline.
• Officials argue that their policies and programs already comply with civil rights laws, and they’re concerned about the potential loss of federal funding or legal consequences for not signing the required certifications.

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Some schools across the country are taking a wait-and-see approach to a new directive from the Trump administration calling for the removal of diversity, equity and inclusion (DEI) programs. Districts said they won’t comply until they receive more clarity on the directive and its legal implications, while other states are actively opposing the administration’s stance.

Wisconsin becomes latest state to push for clarity

On April 9, Wisconsin Superintendent of Public Instruction Jill Underly called on the U.S. Department of Education to clarify a directive issued on April 3, which requires schools to sign an agreement confirming their compliance with federal civil rights laws. The original letter gave schools 10 days to show they were in compliance or risk losing federal funding entirely. The Department of Education pushed the deadline back to April 24.

“Now more than ever, Wisconsin’s students, educators and schools need support – not threats of federal funding cuts that are vital to their success,” Dr. Underly said. “We cannot stand by while the current administration threatens our schools with unnecessary and potentially unlawful mandates based on political beliefs. Our responsibility is to ensure Wisconsin students receive the best education possible, and that means allowing schools to make local decisions based on what is best for their kids and their communities.”

Officials from the Wisconsin Department of Public Instruction (WDPI) emphasized that retaining federal funding is crucial, as it plays a vital role in supporting students, schools and the community. During the 2024-2025 school year, Wisconsin was granted close to $216 million in federal funding. 

Colorado Education Commissioner refuses to sign certification

In Colorado, Education Commissioner Susana Cordova is also pushing back against the Trump administration’s directive targeting DEI programs. Cordova cites Title VI of the Civil Rights Act of 1964, the same law referenced in the federal directive, and says all schools in the state are already compliant.

Cordova said she does not feel comfortable signing her name because the federal government’s request isn’t clear, especially when threats of losing federal aid are in question. On average, Colorado receives about $800 million in federal funding for its schools. 

The 179 school districts in Colorado received a letter from Cordova where she cites the Paperwork Reduction Act as a reason why a signature isn’t required.

The letter explains, “The PRA provides for a defined and structured process that must occur before federal agencies can compel mandatory collections of information, such as these certifications, from state and local education agencies.”

The Department of Education’s letter warns that schools could face litigation from the Justice Department if they continue DEI programming or race-based preferences.

Despite concerns about the federal directive, Cordova reaffirmed the state’s commitment to civil rights compliance.

“The Colorado Department of Education will continue to comply with Title VI and U.S. Supreme Court cases interpreting Title VI,” Cordova said.

She added that, while not required, she will sign and submit the latest approved civil rights assurances through the Office of Management and Budget (OMB) to demonstrate her support.

States push back against order, while others readily comply

The number of states pushing back against the Trump administration’s directive is growing, with Massachusetts, New York and Minnesota among those refusing to comply. Officials in those states say their policies, curriculum and staff are already in line with federal civil rights laws.

In states like West Virginia, Texas and Iowa, lawmakers are already pushing for bans on DEI initiatives in schools. Meanwhile, Ohio has already passed legislation to eliminate all DEI-related activities and programming.

On April 8, Education Secretary Linda McMahon posted on X using Puerto Rico as an example because they were the first to submit its certification expressing compliance. Along with the warning, “Every state that wants to continue receiving federal funds should follow suit.”

In February, the Department of Education’s Office for Civil Rights issued a letter urging K-12 schools and universities to halt any programs or practices that involve race-based decisions in areas like admissions, hiring, financial aid and housing. This follows an executive order from President Donald Trump issued in January, which bans K-12 schools from teaching materials deemed anti-American, including critical race theory and “gender ideology.”