It is about six months since the US Department of Education has a “Dear colleague”Letter to all schools that receive federal financing and warn them that they can run the risk of losing this money if they promote the” ubiquitous and disgusting “racial preferences department.
The letter, among other things, reversed The positions of earlier presidents on how diversity, fairness and inclusion influence the disciplinary measures of schools. It advised schools to start eliminating all discipline protocols rooted in dei within two weeks, based on the fact that this work is discriminatory against white students.
Trump also issued an executive order, “Recovery of the Commonsen School Discipline policy’In April 2025, doubled on the letter.
Trump’s letter and executive order exert an unusual level of influence on how schools can determine the best way to teach and, if necessary, to discipline students. It also cuts against recognized research Those black, latino and Indian students are more often disciplined And hard then white and Asian students.
I am one educational scientist who has spent the past 13 years analyzing the policy of the school discipline. Although earlier administrations have issued ‘best colleague’ letters to schools, Trump is the first to frame itself as if it were the law – a potentially new precedent for the executive to issue educational mandates without the approval of the judicial or congress substances of the government.
While all the states have responded to the letter from Trump, About half of them said They will not meet its conditions – despite the threat of the administration to reduce financing if they do not follow the guidance.
Dei understand in education
Equity -oriented educationOr diversity, fairness and inclusion, refers to an ideology and programming that intends to improve patterns of racial inequality. In the context of discipline in schools, the strategies can include that teachers have conversations with children about their behavior, instead of immediately suspending them.
Research shows That these techniques can help to reduce racial discipline slacunes in academic performance and disciplinary results.
The Obama Government in 2014 Recognized this research In his own ‘dear colleague’ letter to schools. The administration advised schools to reform their discipline practices in the direction of non -punitive alternatives to suspension or the risk of being investigated for discrimination.
The first Trump administration This letter withdrawn In 2018.
Then released in 2023 the BIDEN administration a document Along the same rules as Obama’s letter.
Trump’s February 2025 Letter Grouped for all these recommendations under the banner of “Dei” and argued that such practices are discriminatory, students of color privileges over white and Asian students.
In his executive order in April, Trump repeated that If schools do not eliminate, they would not be in accordance with Title VI of the Civil Rights Act of 1964. This law prohibits discrimination based on racing, color or national descent”
Public school districts must regularly issue a certificate of compliance to the government that shows that their work is in accordance Title VI.
While the Trump government characterizes dei as “racial stereotypes and explicit breed consciousness to daily training, programming and discipline” smuggling “, it does not define exactly what dei-programming is.
This brings school districts the risk of losing financing if they maintain initiatives related to racial equality.
Legal concerns about Trump’s guidelines
The executive office and members of the congress generally issue ‘best colleague’ letters that are not legally binding, to advise schools and others on policy.
Nevertheless, Trump’s letter was written as a mandate and reinforced by an executive order, which is legally binding.
Some scholars call the letter a ‘bridge’From legal authority.
In the spring of 2025 I analyzed the answers of states to the letter and the executive order of Trump.
Two states, Iowa and TennesseeHad not yet given public answers.
Twenty -three states met With the directive of the administration by signing the letter from 30 May. Some, Oklaholi OklahomaNot only certified the letter, but also approved the national laws that prohibit the policy and programs of Dei.
The Remaining 25 States refused to certify the letter and claimed that they have already met Title VI and that their policy is not discriminatory.
In addition, 19 of those 25 states Adopted the Trump administration about the letter in April, with the highlight a judicial order Later that month those states temporarily released to have to meet its requirements.
I have noticed that many states that refuted Trump’s letter used the same exact words in their answers, what a signaling of a joint effort To resist Trump’s guidelines. States that did not register with the letter, but objected to its intention generally resisted legal grounds, ethics or both.
A legal argument
Most states that rejected it have based their refusal to sign Trump’s letter in federal law. They quoted the Civil Rights Act and the Paperwork reduction actThose states protect against superfluous paperwork. Because these states have already certified compliance with Title VI, this argument says, they should not do this again under the Trump guideline.
Educational commissioners of a Few states” Including Illinois and Minnesotaalso quoted a specific language used by Betsy Devos, Trump’s former educational secretary in his first termwho supported the dei policy.
Charlene Russell-Tucker, the Education Commissioner for Connecticut, Also on former that, to cancel the federal government dei programming, it should first be Change the definition of Title VI legally.
States that resist on other grounds
Some educational officers Also argued That their dei -work is ideologically necessary for offering supporting learning environments for all students.
Patrick TutwilerThe interim education commissioner of Massachusetts, for example, wrote in a letter of 16 April that “Massachusetts will continue to promote diversity at our schools because we know that it is improving the results for all our children.”
Other officials showed more subtle resistance. Randy Watson, the Education Commissioner of KansasFor example, confirmed the ‘dedication of the state to comply with all federal articles of association, including Title VI – but does not explicitly relate to Trump’s’ dear colleague’ letter.
Likewise, Kentucky informed the Ministry of Education about compliance with federal legislation, while at the same time encouraging local districts To continue diversity, fairness and inclusion work.
Mississippi’s State Department of Education Be on that School districts work independently, so the state cannot force the policy on them. Mississippi, however, indicated compliance by quoting a new state law that prohibits dei and confirmed that each of his individual school districts has already certified compliance with the federal laws.
More legal pushback
It is not yet clear what could follow on the judicial order of April, so that the Ministry of Education was largely prevented from reducing federal financing to schools that have continued their dei-related programs and policy.
While the Trump Government has Large cuts made It has not announced to the Ministry of Education that states that refuse to certify that the letter will lose financing.
This is the first time that an administration gives such a direct threat to keep K-12 financing, to place schools in an unknown place, without a clear blueprint of how to proceed.
This article has been re -published from The conversation Under a Creative Commons license. Read the Original article Through Hilary LustickAssociation teacher Education, Umass Lowell.
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