New York Attorney General Letitia James has led a coalition of 18 other attorneys general in suing the Trump Administration over its threat to cut education funding unless states end diversity, equity, and inclusion practices in schools. Connecticut’s Attorney General William Tong is among those participating in the lawsuit.
The lawsuit names as defendants the U.S. Department of Education, Linda McMahon in her official capacity as Secretary of Education, and Craig Trainor in his official capacity as acting Assistant Secretary of the Office for Civil Rights. The lawsuit was filed in the United States District Court for the District of Massachusetts.
According to James, in New York the federal Department of Education, which the Trump Administration plans to shutter, provides more than $3 billion in funding to the New York State Education Department (NYSED). The NYSED oversees programs serving more than 2.4 million students in grades K through 12.
According to James, NYSED will distribute nearly $1.4 billion in federal Title I funds this fiscal year to school districts to help ensure low-income students have the resources needed to overcome barriers to learning and success. New York also receives nearly $1 billion in funding appropriated by Congress under the Individuals with Disabilities Education Act. These funds help the over 450,000 students with disabilities in New York obtain the services that they are entitled to under federal law.
The U. S. Department of Education earlier this month alerted state education agencies that in order to continue receiving essential funding, they must sign a new certification affirming they will not engage in what the Trump Administration calls illegal diversity, equity, and inclusion practices. The administration did not define what specific practices it is talking about nor how they may be illegal.
New York, like many other states including Connecticut, did not sign the certification, pointing to its longstanding commitment to complying with civil rights laws. The federal government had set an April 24 deadline for states to sign.
In the lawsuit, James and the other attorneys general assert that new directive is illegal and unconstitutional. The coalition is seeking a court order declaring the certification demand unlawful and stopping it from being implemented.
“Every student has the fundamental right to learn in an environment that is welcoming and open to everyone,” James said. “The Trump Administration is illegally trying to stop efforts that prevent discrimination in our schools, support students with disabilities, and provide resources for students in need while jeopardizing billions of dollars in essential federal education funding.”
The lawsuit notes that when Secretary of Education Linda McMahon was asked at her confirmation hearing how a school would discern whether it was running an illegal diversity, equity, and inclusion program, she failed to provide a definition of diversity, equity, and inclusion, let alone give any substantive answer.
The lawsuit points out that the new federal directive ignores the fact that countless programs that support diversity, equity, and inclusion are in fact required by federal civil rights and funding laws and that federal laws prohibit the federal government from interfering with state and local education curricula or programs. The lawsuit also alleges that the Trump Administration’s effort violates the Constitution by withholding funding that Congress appropriated and places unlawful conditions on federal funds.
In addition to New York and Connecticut, participating in the lawsuit are California, Illinois, Massachusetts, Minnesota, Colorado, Delaware, Hawaii, Maryland, Michigan, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
