Attorney General James Sues Trump Administration Over Moves to Cut Billions in State Education Funding

NEW YORK – New York Attorney General Letitia James today led a coalition of 18 other attorneys general in suing the Trump administration over its unprecedented and unlawful requirement for states to end diversity, equity, and inclusion practices in schools, putting billions of dollars in education funding at risk. On April 3, the United States Department of Education (ED) alerted state education agencies that in order to continue receiving essential funding, they must sign a new certification affirming they will not engage in undefined “illegal” diversity, equity, and inclusion practices. New York, like many other states, did not sign the April 3 certification, pointing to its longstanding commitment to complying with civil rights laws. Billions of dollars that support low-income students, provide special education services, and help vulnerable children in foster care are imperiled due to the administration’s new policies. Attorney General James and the coalition assert that ED’s new directive is illegal and unconstitutional. The coalition is seeking a court order declaring the April 3 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,” said Attorney General James. “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. As a proud graduate of New York public schools, I will always step up to protect our schools and stop illegal attacks on our most vulnerable students.” 

Since January 20, President Trump has issued a series of Executive Orders that seek to ban unspecified practices that advance diversity, equity, and inclusion and punish institutions, including K-12 schools, that engage in programs it believes are illegal. On April 3, ED implemented the Trump administration’s policies by demanding that state education agencies have ten days to certify they will not engage in “illegal” diversity, equity, and inclusion programs. State agencies were also compelled to get certifications from all of their local education agencies or propose enforcement plans for those local school systems. ED later extended the deadline to April 24.

In New York, ED provides more than $3 billion in funding to the New York State Education Department (NYSED), which oversees K-12 education programs that serve more than 2.4 million students. This funding is crucial for providing access to educational opportunities for all New York students.

For example, 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.

Loss of federal funding would be catastrophic for students throughout New York state. Two of the largest school districts in New York, the Rochester and Buffalo city school districts, receive over 17 percent of their revenue from federal funds, while the Syracuse and Binghamton city school districts receive over 14 percent.

As Attorney General James and the coalition assert in the lawsuit, the Trump administration has failed to define what constitutes an “illegal diversity, equity, and inclusion practice.” For example, 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 substansive answer. 

In addition, ED’s 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.

Attorney General James and the coalition argue that the Trump administration’s April 3 certification demand violates the Administrative Procedure Act and is contrary to numerous laws, including Title VI of the Civil Rights Act of 1964 and federal laws that prohibit federal interference with state and local education policies. It also violates the Constitution by withholding funding that Congress appropriated and places unlawful conditions on federal funds.

With this lawsuit, Attorney General James and the coalition are seeking a court order stopping ED from implementing the April 3 certification demand or imposing any other similar demand on the states.

This lawsuit is led by Attorney General James and the attorneys general of California, Illinois, Massachusetts, and Minnesota. Joining this lawsuit are the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Maryland, Michigan, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.