The New York State Education Department has publicly vowed to defy a directive from the Trump administration concerning diversity, equity, and inclusion (DEI) programs in K-12 schools. The Trump administration issued a directive to all state education departments, requiring them to certify the cessation of racial preferences and other DEI programs, or face the risk of losing federal funding. In response, Daniel Morton-Bentley, counsel for the New York Education Department, stated that the Trump administration "seeks to censor anything it deems 'diversity, equity & inclusion,'" and asserted that "there are no federal or State laws prohibiting the principles of DEI.”

The Trump administration's directive argues that DEI programs are prohibited at the state level due to existing federal civil rights law and a 2023 Supreme Court ruling that banned affirmative action in college admissions. The federal Department of Education has specified that educational institutions cannot use "race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline and other programs and activities." Craig Trainor, the federal Department of Education’s acting assistant secretary for civil rights, emphasized that too many schools are violating these obligations, including by using DEI programs to discriminate against one group to favor another based on identity characteristics, which he deemed a clear violation of the law.

Despite the federal stance, the New York State Education Department maintains its own Office of Diversity, Equity and Inclusion, whose mission includes ensuring that students feel "seen, heard and valued for who they are," which fosters a more joyful learning environment. While the extent to which the state Education Department practices or mandates DEI was not immediately clear from Morton-Bentley's letter, New York officials contend that federal agencies, while having regulatory powers to interpret laws, have exceeded their authority with this directive. New York schools receive significant federal funding, approximately $6.2 billion, or $2,438 per student, as reported by Newsday last month, citing the state Attorney General's office.

This conflict in New York is part of a broader push by the Trump administration to dismantle DEI programs across various sectors. The administration has employed legal threats and other tactics to enforce similar prohibitions not only in education but also in private organizations, such as law firms, several of which have already agreed to modify their practices, including those related to race-based hiring. The confrontation highlights a fundamental disagreement between federal and state authorities over the legality and implementation of DEI initiatives.