Lawmakers and free expression groups voiced alarm Saturday after the Trump administration threatened to investigate and strip federal funding from public schools, including colleges and universities that don't comply with its
broad interpretation of a recent U.S. Supreme Court decision striking down affirmative action programs in admissions.
In a
letter to state education officials on Friday, Craig Trainor, the acting assistant secretary for civil rights at the U.S. Department of Education, wrote that the agency "intends to take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in this letter beginning no later than 14 days from today's date, including antidiscrimination requirements that are a condition of receiving federal funding."
"Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding," the letter states.
The letter takes aim at "DEI programs"—a
right-wing boogeyman that the Trump administration has used as a pretext to rip apart federal agencies—and declares that the Education Department "will no longer tolerate the overt and covert racial discrimination that has become widespread in this nation's educational institutions," even as halts thousands of civil rights investigations.
PEN America
warned that Trainor's sweeping directive "seeks to declare it a civil rights violation for educational institutions to engage in any diversity-related programming or to promote any diversity-related ideas—potentially including everything from a panel on the Civil Rights Movement to a Lunar New Year celebration."
"This declaration has no basis in law and is an affront to the freedom of speech and ideas in educational settings. It represents yet another twisting of civil rights law in an effort to demand ideological conformity by schools and universities," the group said in a statement Saturday. "To enact government interference in the intellectual life of such institutions is to end the United States' centuries-long history of intellectual freedom in educational settings, and to reduce our colleges and universities to the status of echo chambers, similar to those controlled by authoritarian states."
Brian Rosenberg, visiting professor of education at the Harvard Graduate School of Education,
toldInside Higher Ed that the letter was "truly dystopian."
"It goes well beyond the Supreme Court ruling on admissions and declares illegal a wide range of common practices," Rosenberg said. "In my career I've never seen language of this kind from any government agency in the United States."
"Republicans tell you they want to empower local communities and that states, schools, and parents know best, and again and again use top-down threats to achieve their culture war agenda."
The letter comes amid the Trump administration's broader assault on public education, including a push to abolish the Education Department altogether. That assault is expected to
intensify if billionaire Linda McMahon, a proponent of school privatization, is confirmed as education secretary.
The Elon Musk-led Department of Government Efficiency—which is currently
rampaging through the Education Department and terminating contracts—posted Trainor's letter to X, the social media platform owned by Musk.
Sen. Patty Murray (D-Wash.), a senior member of the Senate Education Committee,
said Saturday that "this threat to rip away the federal funding our public K-12 schools and colleges receive flies in the face of the law."
"I hope no parent, student, or teacher is intimidated by these threats—this former preschool teacher certainly is not," said Murray. "
While it's anyone's guess what falls under the Trump administration's definition of 'DEI,' there is simply no authority or basis for Trump to impose such a mandate. In fact, federal laws prohibit ANY president from telling schools and colleges what to teach, including the Every Student Succeeds Act, that I negotiated with Republicans."
"Rather than trying to make college more affordable or helping to improve our kids' outcomes, Trump is letting far-right extremists inject politics into the classroom at every turn," Murray added. "Republicans tell you they want to empower local communities and that states, schools, and parents know best, and again and again use top-down threats to achieve their culture war agenda."
