Last Friday, a coalition of 19 states filed a lawsuit against the U.S. Department of Education over its attempt to ban diversity, equity and inclusion programs in K-12 schools. The lawsuit, filed in a federal district court based in Massachusetts, claimed the department has “acted to unlawfully imperil more than $13.8 billion” in state and local education funding.

On Jan. 29, President Donald Trump signed an executive order requiring the Secretary of Education and other cabinet officials to create an “Ending Indoctrination Strategy, including a plan to strip federal support for “illegal and discriminatory treatment and indoctrination” in elementary, middle and high school.

The lawsuit alleged that on April 3, the Department of Education’s Office for Civil Rights sent an email to state education agencies requiring them to sign a letter acknowledging they must eliminate all DEI programs that “advantage one’s race over another” or face a loss in funding. Each state was also required to gather responses from its local education agencies.

“For entities and institutions that use DEI practices in violation of federal law, those entities may incur substantial liabilities, including the potential initiation of litigation for breach of contract by the Department of Justice in connection with civil rights guarantees contained in federal contracts and grant awards seeking to recover previously received funds paid to them under these contracts and grants,” the letter read.

All state agencies were initially given 10 days to return the letter. Four days after the letters were sent out, the Education Department extended the deadline to April 24.

Led by New York state Attorney General Letitia James and the attorneys general of California, Illinois, Massachusetts and Minnesota, the coalition said there is “every reason to expect that” the Education Department would “unlawfully terminate funding” to education agencies that do not obey. It cited the cancellation of $600 million in grants to organizations the federal government claimed were “using taxpayer funds to train teachers and education agencies on divisive ideologies” and the freezing of $2.2 billion in funding to Harvard University.

“Every student has the fundamental right to learn in an environment that is welcoming and open to everyone,” James said in a press release. “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 comes over a month after James and other attorneys general issued guidance [HYPERLINK https://www.bupipedream.com/news/letitia-james-leads-coalition-of-attorneys-general-to-release-new-guidance-on-diversity-and-inclusion-in-education/163729/] to K-12 schools, colleges and universities on fostering diversity and inclusion. The guidance was issued shortly after a Feb. 14 “Dear Colleague” letter from the Department of Education urging educational institutions to stop considering race in admissions, financial aid and “all other aspects of student, academic, and campus life.”

The guidance said targeted campaigns that make “students from underserved communities” in K-12 schools aware of college preparatory resources are permissible in certain circumstances.

The coalition argued that the Trump administration based its opposition to DEI programs on an “unsupported and unlawful” interpretation of Title VI of the 1964 Civil Rights Act and the U.S. Supreme Court’s 2023 ruling to outlaw race-based affirmative action. The Education Department also failed to specify what aspects of DEI programs are unlawful, the complaint read.

Plaintiff states receive billions in federal funding under Title I of the 1965 Elementary and Secondary Education Act and the Individuals with Disabilities in Education Act.

“The impending loss of federal funding harms Plaintiff States’ provision of public education to students from kindergarten through high school,” the complaint read.

The lawsuit alleged the Education Department’s actions improperly followed procedure, conflicted with statutory law and were “arbitrary and capricious” in violation of the Administrative Procedure Act. The actions also conflict with various constitutional provisions, the attorneys general wrote.

The U.S. Department of Education did not return a request for comment. The New York State Education Department’s Office of Diversity, Equity and Inclusion also did not respond to a comment request.

“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,” James said.