States Challenge Federal Funding Threat Over DEI Programs
In a significant legal move, Michigan has joined forces with 18 other states to file a lawsuit against the federal government. This action comes in response to directives from the Trump administration that threaten to cut funding to K-12 schools unless they abandon diversity, equity, and inclusion (DEI) initiatives.
The U.S. Department of Education, invoking a reinterpretation of Title VI of the 1964 Civil Rights Act, argues that these programs contravene federal law, which prohibits discrimination based on race, color, or national origin in federally funded programs and activities. This reinterpretation follows a pivotal Supreme Court ruling in Students for Fair Admissions v. Harvard, which abolished affirmative action in college admissions.
Michigan Attorney General Dana Nessel, in a press release, defended the legality of the DEI programs, stating that the state’s education departments comply with Title VI regulations. The coalition’s lawsuit targets the Department of Education along with Secretary of Education Linda McMahon and Craig Trainor, the acting assistant secretary of the Office for Civil Rights.
A significant element of this reinterpretation is detailed in a February 14 “Dear Colleague” letter from Trainor, which delineates a new framework for assessing Title VI usage. Trainor asserts that numerous schools have violated these obligations by implementing DEI programs that discriminate against certain groups, as stated in an April 3 press release.
Following this reinterpretation, an April 3 letter was sent to educational agencies, warning that Title I funding, essential for schools serving low-income students, would be withdrawn unless the new civil rights laws, including Title VI, were adhered to.
Michigan, along with other states, refused to comply with this mandate. Instead, the Michigan Department of Education maintained that it was already in compliance with Title VI and provided guidance to local school authorities. The coalition’s lawsuit contends that the new interpretation of Title VI is ambiguous and imposes an onerous burden on educational agencies.
Michael Rice, the state superintendent of the Michigan Department of Education, reinforced this stance, stating that the state’s compliance had already been validated through approved grant applications. “MDE has faithfully implemented federal education programs in accordance with both federal and state law and will continue to do so,” Rice stated, questioning the legal foundation of imposing new obligations on state education agencies.
Further complicating the situation, a day prior to the lawsuit, federal judges in Maryland, New Hampshire, and Washington, D.C., ruled that the Trump administration lacked the authority to mandate the cessation of all DEI programs, citing the vagueness of directives and potential adverse impacts on schools.
In addition to Michigan, the lawsuit is backed by attorneys general from states including California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
