Minnesota was among several states to push back this week on an order by the Trump administration that K-12 schools certify they follow federal civil rights laws and eliminate diversity, equity and inclusion practices or risk loss of federal funding.
“MDE has consistently complied with and continues to comply with applicable federal law,” wrote state Education Commissioner Willie Jett in a response to the U.S. Department of Education. “The requested, additional certification seemingly seeks to change the terms and conditions of federal financial assistance awarded to MDE without formal administrative process. Adherence to rulemaking procedures is required in order for a federal agency to make improvisatory changes to legal assurances and impose new requirements on recipients.”
A U.S. Education Department order on Thursday initially gave states 10 days to sign and return a document saying they will follow federal antidiscrimination laws and to gather signatures from local school systems certifying compliance with civil rights laws. The document threatens to cut federal money for violations, including using DEI practices “to advantage one’s race over another.”
In the Monday letter, Jett said MDE has consistently complied with and certified its compliance with “all required assurances for federal programs, all of which have been approved by ED,” and that remains in effect, Jett added.
“Federal funds provide critical resources for students with disabilities, early learning programs, transportation, career and technical education, and teacher training — all of which strengthen Minnesota schools, workforce, and communities. Congress directs the U.S. Department of Education (ED) to pass these federal investments on to states so local leaders can plan and make decisions that are best for our communities,” Jett wrote.
The Trump administration has overstepped its authority with the demand, Jett wrote.
“Threats to this funding without backing in law or established requirements put key programs at risk that students and schools depend on every day,” Jett added.
Grants, contracts
Other states pushing back on the order include New York, California and Vermont. Chicago’s mayor has promised to sue over any cuts. Others are moving forward with the order, including Virginia and Arizona. Many said they are still reviewing it.
While Thursday’s letter from the Education Department does not carry legal force, schools that continue DEI practices “in violation of federal law” could face Justice Department litigation and a termination of federal grants and contracts.
The initial 10-day deadline for states to submit the certification was extended Monday by federal officials to April 24.
Several national organizations, including the nation’s largest teachers union, have sued the U.S. Department of Education in response to its threats of funding cuts for schools that engage in DEI practices. The union also has asked a federal court to block Thursday’s order.
John Thein, St. Paul Public Schools interim superintendent, thanked Jett and other state education officials during a board meeting on Tuesday.
“This letter from Commissioner Jett will be sent to all (St. Paul Public Schools) staff members and their families to ensure the district commitment to each member of our learning community will be provided with a safe, secure environment, treated in a respectful and equitable manner, regardless of race, gender, sexual orientation, social economic status, disability, homeland, religion, national origin, age or physical appearance,” Thein said.
This story contains information from the Associated Press.
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