The statewide teachers union is applauding New York’s decision to reject a federal directive to end diversity, equity, and inclusion practices in public schools.
“This directive is nothing more than an attack on our students, our educators, and the progress we've fought to achieve,” said Melinda Person, president of New York State United Teachers.
Last week, the U.S. Department of Education sent a memo to the state Department of Education citing Title VI — which prohibits discrimination based on race, color and national origin — and directing the state agency to put a stop to all DEI programming.
The memo included a requested certification of compliance with the conditions laid out in the letter.
“Any violation of Title VI — including the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another — is impermissible,” the unsigned federal memo stated. “The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences."
The consequences listed include loss of federal funding and contracts, as well as the threat of lawsuits.
State education officials responded that it has certified its compliance with Title VI “on multiple occasions” — most recently in early January — and that “no further certification will be forthcoming.”
“There are no federal or state laws prohibiting the principles of DEI. And (the federal agency) has yet to define what practices it believes violate Title VI,” state Education Department Deputy Commissioner Daniel Morton-Bentley wrote in the state’s response, adding that the Trump administration, “is entitled to make whatever policy pronouncements it wants — but cannot conflate policy with law.”
Morton-Bentley added that state education officials were “unaware of any authority” that the federal agency has to make such a demand.
Person, with the teachers union, applauded the rebuttal. Her comments came in a statement issued over the weekend.
"New York will not be bullied into abandoning our core values,,” her statement read, “or erasing the efforts we've made to ensure that every student — no matter their race, background, or zip code — has safe and welcoming educational environments that give them a fair shot at success."
The administration gave state education leaders 10 days to sign and return the compliance certification. The federal agency has been targeted for elimination by the Trump administration and cut roughly 50% of staff last month.
