Education
New York Warns Trump It Will Not Comply With Public School D.E.I. Order
The New York State Education Department on Friday issued a defiant response to the Trump administration’s threats to pull federal funding from public schools over certain diversity, equity and inclusion programs, a remarkable departure from the conciliatory approach of other institutions in recent weeks.
Daniel Morton-Bentley, the deputy commissioner for legal affairs at the state education agency in New York, wrote in a letter to federal education officials that “we understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion.’”
“But there are no federal or state laws prohibiting the principles of D.E.I.,” Mr. Morton-Bentley wrote, adding that the federal government has not defined what practices it believes violate civil rights protections.
The stern letter was sent one day after the federal government issued a memo to education officials across the nation, asking them to confirm the elimination of all programs it argues unfairly promote diversity, equity and inclusion. Title I funding for schools with high percentages of low-income students was at risk pending compliance, federal officials said.
New York’s stance differed from the muted and often deferential responses across academia and other major institutions to the Trump administration’s threats. Some universities have quietly scrubbed diversity websites and canceled events to comply with executive orders — and to avoid the ire of the White House.
A divide emerged last spring as the presidents of several universities, including Harvard and Columbia, adopted cautious responses when confronted by House Republicans at congressional hearings regarding antisemitism. In contrast, K-12 leaders, including David C. Banks, chancellor of New York City’s public schools at the time, took a combative approach.
The latest wave of pushback is spreading. In Chicago, Mayor Brandon Johnson, a Democrat, told reporters on Friday that the city would take the Trump administration to court if it snatched away funding, according to The Chicago Tribune.
“We’re not going to be intimidated by these threats,” Mr. Johnson said. “It’s just that simple. So whatever it is that this tyrant is trying to do to this city, we’re going to fight back.”
Unlike universities that rely on federal funding for medical and scientific research, public school districts are more insulated from threats to their bottom line because 90 percent of their funding comes from state and local taxes.
The Trump administration’s memo used a broad interpretation of a Supreme Court decision in 2023 that declared race-based affirmative action programs were unlawful at colleges and universities. That ruling did not address issues involving K-12 schools.
The expansive reasoning did not sit well with New York. The state’s letter argued that the case did “not have the totemic significance that you have assigned it” — and that federal officials were free to make policy pronouncements, but “cannot conflate policy with law.”
Mr. Morton-Bentley also called out what he described as an about-face within the top ranks of the administration.
He pointed out that the education secretary in President Trump’s first term, Betsy DeVos, once told staff that “diversity and inclusion are the cornerstones of high organizational performance.” She also said that “diversity and inclusion are key elements for success” for “building strong teams,” he wrote.
“This is an abrupt shift,” Mr. Morton-Bentley said, adding that the federal government has “provided no explanation for how and why it changed positions.”
The Trump administration’s memo included a certification letter confirming compliance that officials must sign and return to the Education Department within 10 days. New York indicated that it would treat the demand as a request rather than a requirement.
“No further certification will be forthcoming,” the state’s letter said.
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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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