School districts face uncertainty over DEI policies amid shifting federal directives

The Trump administration’s rapid changes to education policy have left K-12 school districts uncertain about legal compliance and the potential loss of federal funding. A letter from the Department of Education on April 3 asked schools to certify adherence to federal laws in order to continue receiving Title VI funds, specifically targeting diversity, equity, and inclusion (DEI) programs.

In response, some districts quickly altered their policies. City Schools of Decatur in Georgia rescinded two equity-related policies, while Haldane Central School District in New York suspended its DEI policy. However, after three federal court rulings determined that the administration could not withhold funds over these issues, both districts reinstated their original policies.

“It’s a really complicated landscape right now,” said Ray Li, policy counsel for education equity at the Legal Defense Fund. He emphasized that “DEI policies, affinity groups, and racially inclusive curricula are not illegal and never have been for school districts.”

Carlos Hoyt, a diversity and equity trainer in Massachusetts private schools, noted that framing DEI as simply having or not having a policy is misleading. “No one can be against DEI. It’s just a matter of one’s approach to it,” he said.

At an April 23 public meeting in Decatur, Board Vice Chairman Hans Utz acknowledged mistakes: “We were counseled to be quiet,” Utz said according to Decaturish.com. “The risk that we faced of dissolution was great enough that we needed to not draw attention to it... We followed that [advice] and we were wrong.” The board later unanimously voted to reinstate all DEI policies after court injunctions blocked the Department of Education's requests.

Nia Batra, student representative on Decatur’s board, described the initial decision as “hasty” but reflective of widespread anxiety among governing bodies: “Boards should be more willing to stand up to this administration’s bullying.”

Haldane officials cited concerns over losing $450,000 in federal funds when suspending their DEI policy but reversed course after legal developments. In an April 26 letter they explained the suspension was meant for minor language revisions without changing the intent of the policy. Five days later they reinstated it fully following judicial intervention.

New York joined 18 other states suing the Trump administration over claims that DEI initiatives violate Title VI of the Civil Rights Act—a law prohibiting discrimination based on race or national origin by federally funded programs.

Li clarified that departmental guidance does not create new law: departmental orders like those from the Department of Education “don’t create law and can’t change the application of Title VI itself.”

Earlier attempts by federal agencies added confusion. In February, a Dear Colleague letter from Craig Trainor at the Department of Education warned institutions against discrimination—including against white and Asian students—and demanded compliance within two weeks; this too was halted by a federal judge.

Some state leaders responded swiftly with reassurances about continuing DEI efforts. Massachusetts Governor Maura Healey and Attorney General Andrea Joy Campbell issued joint guidance stating: “Massachusetts educational institutions should continue their work to foster diversity, equity, inclusion, and accessibility among their student bodies.” The governor added: “We believe that bringing people of different backgrounds and perspectives to the table – including women, people of color, and the LGBTQ+ community – is a strength especially in education.”

On July 30th,the Department of Justice released additional guidance warning recipients not to engage in unlawful discrimination—again singling out DEI programs—but Li called its legal standing uncertain while courts review similar arguments already challenged elsewhere.

To keep track amid ongoing litigation,court case trackers maintained by Lawfare journal (https://www.lawfaremedia.org/article/litigation-tracker-challenges-to-trump-administration-actions) monitor hundreds of cases involving Trump-era actions,and Brookings Institution offers another tracker focused on executive action challenges affecting K-12 education (https://www.brookings.edu/interactives/tracking-the-biden-administrations-executive-actions/).

Federal scrutiny has also had financial consequences.In September,the Trump administration announced cancellation of more than $65 million for magnet schools in New York City; Chicago;and Fairfax,Viginia,citing gender identity sports participation rules or specific racial achievement plans as reasons for withholding funds.

“The Education Department is taking a one-by-one approach,” Li said regarding selective enforcement.He suggested district officials’ reluctance for further comment reflected caution amid heightened scrutiny:“I don’t think anyone wants to attract attention right now.”

Despite controversy,Hoyt reported continued demand for his training services at Boston-area charter schools.“People know they need to do the work,” he said.Hoyt also provides training through Boston College’s Lynch Leadership Academy,a program preparing future principals.He expects uncertainty around DEI will persist:“I think we’re stuck with this [uncertainty] for a while.”