Education
19 States Sue the Trump Administration Over Its D.E.I. Demand in Schools
A coalition of 19 states sued the Trump administration on Friday over its threat to withhold federal funding from states and districts with certain diversity programs in their public schools.
The lawsuit was filed in federal court by the attorneys general in California, New York, Illinois, Minnesota and other Democratic-leaning states, who argue that the Trump administration’s demand is illegal.
The lawsuit centers on an April 3 memo the Trump administration sent to states, requiring them to certify that they do not use certain diversity, equity and inclusion programs that the administration has said are illegal.
States that did not certify risked losing federal funding for low-income students.
Rob Bonta, the California attorney general, said at a news conference on Friday that the Trump administration had distorted federal civil rights law to force states to abandon legal diversity programs.
“California hasn’t and won’t capitulate. Our sister states won’t capitulate,” Mr. Bonta said, adding that the Trump administration’s D.E.I. order was vague and impractical to enforce, and that D.E.I. programs are “entirely legal” under civil rights law.
The Trump administration did not immediately respond to a request for comment on Friday evening.
The administration has argued that certain diversity programs in schools violate federal civil rights law, which prohibits discrimination on the basis of race, color and national origin in programs that receive federal funding.
It has based its argument on the Supreme Court’s 2023 ruling ending the use of race in college admissions, arguing that the decision applies to the use of race in education more broadly.
The administration has not offered a specific list of D.E.I. initiatives it deems illegal. But it has suggested that efforts to provide targeted academic support or counseling to specific groups of students amount to illegal segregation. And it has argued that lessons on concepts such as white privilege or structural racism, which posits that racism is embedded in social institutions, are discriminatory.
The lawsuit came a day after the Trump administration was ordered to pause any enforcement of its April 3 memo, in separate federal lawsuits brought by teachers’ unions and the N.A.A.C.P., among others.
Mr. Bonta said that the lawsuit by the 19 states brought forward separate claims and represented the “strong and unique interest” of states to ensure that billions of federal dollars appropriated by Congress reach students.
“We have different claims that we think are very strong claims,” he said.
Loss of federal funding would be catastrophic for students, said Letitia James, the attorney general of New York, an adversary of President Trump who previously won a civil fraud case against him.
She noted that school districts in Buffalo and Rochester rely on federal funds for nearly 20 percent of their revenue and said she was suing to “uphold our nation’s civil rights laws and protect our schools and the students who rely on them.”
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Video: Turning Point USA Clubs Expand to High Schools Across America
“I would just like to say, ‘Welcome to Germany, 1939.’” “We have been labeled as homophobes, bigots, racists and fascists.” “For years, my conservative peers and I have peacefully coexisted with feminist clubs and L.G.B.T.Q. clubs.” This is Onondaga County in Central New York, where a brand of high school clubs founded by Charlie Kirk and financed by his conservative juggernaut Turning Point USA, has led to this. “These accusations are not only untrue, but they undermine the very principles of open dialogue and respectful debate that we promote.” “It really is as bad as you think, just from a student perspective.” “If there’s going to be a Club America, by God, there needs to be a Club Progressive.” Before his assassination, Charlie Kirk made it clear he wanted a TPUSA chapter in every high school. “He told the team, let’s do 25,000 high school chapters. Club America has exploded in popularity in the months since Kirk was killed, with at least 3,300 chapters in high schools across the U.S., according to Turning Point USA. “I’m excited to announce today that every Oklahoma high school will have a Turning Point USA chapter.” States are also endorsing the club. “I’d love to see a chapter in every single high school in the state.” At least eight Republican governors have partnered with Turning Point, vowing to bring Club America to all of their public high schools. But here in New York, where Democrats govern and a statewide embrace of TPUSA’s conservative Christian ideology is unlikely, students like Jacob Kennedy are still trying to launch Club America, even if that means an uphill battle. “I have grown up in a Christian home, which follows mostly the values of conservative beliefs. It’s my first year at a public school. I did not feel accepted to share my conservative beliefs and my religion.” For most of his life, Jacob lived overseas where his parents were missionaries. “And starting this Club America, I am quickly finding other people that have the same values as me.” Jacob really didn’t even know who Charlie Kirk was until he was killed. Since then, he’s connected with Kirk’s message on religion as much as politics. “There was no question at the time of the founding that God played a central role in all of our government.” “Whether it is immigration laws or abortion, I put my religion first and then my political worldviews.” But Jacob’s push to secure approval from the district to establish Club America at his high school has stoked a sense of anxiety in community members who see Charlie Kirk’s rhetoric as racist and homophobic. “This was Charlie Kirk’s organization — that tells you a lot about this club. It’s not for everybody. It’s divisive.” “No matter who it is — Charlie Kirk or Charlie Brown — this is still the United States, and we do have freedom of speech.” Federal law requires equal access to all sorts of clubs, from Jesus and Me to the Afterschool Satan Club. As long as they are student-initiated and aren’t disruptive, anything goes. “So what is Club America? What do we do? We promote the values of free speech, patriotism and small government.” Turning Point USA declined multiple requests from The New York Times to participate in this story, and even told students in Club America chapters not to speak with us. But we did manage to film a public information session addressing the backlash the group has received. “Let’s talk. If we don’t talk, we’ll never get to get outside of our echo chambers. And Charlie Kirk always said, when we stop talking, that’s when violence happens.” “Are you advocating for your student groups to have open discussion? I don’t see that as the actual implementation level, what’s happening.” “Debate is absolutely encouraged in your Club America meetings where you’ve set ground rules for your debates.” “How do you plan on ensuring that kids from the L.G.B.T.Q.+ communities feel more included and feel safe?” “‘There are students of all different backgrounds, all socioeconomic statuses and of all persuasions involved in Club America. And if those students don’t attend, that’s on them. But you’re welcome to be there.” Charlie Kirk’s influence is everywhere from President Trump’s State of the Union address — “My great friend Charlie Kirk, a great guy.” — To his five-story portrait draped outside the Department of Education in D.C. It’s with this singular influence and power in the world of conservative media, politics and faith that Turning Point USA is hoping to get high schoolers registered to vote before this November. Jacob’s goal is much simpler. He just wants to get students together to hash out their differences. But until his club’s approved, he’ll have to engage with them one-on-one. “Whether you support L.G.B.T. rights, whether you are a a son or daughter of an illegal immigrant, whether you are pro-choice, you have the free will to join the club and be a part of it.”
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