California has officially defied a Trump administration order demanding that the state’s 1,000 school districts certify the cessation of all diversity, equity, and inclusion (DEI) programs.
This refusal comes despite federal threats to cut billions of dollars in education funding if the state fails to comply.
The U.S. Department of Education has set an April 24 deadline for states to gather certifications from their school districts, asserting that DEI initiatives represent a form of race-based discrimination and violate civil rights laws.
In a letter addressed to school district superintendents on Friday, the California Department of Education (CDE) defended the legality of DEI efforts, stating, “There is nothing in state or federal law … that outlaws the broad concepts of ‘diversity,’ ‘equity,’ or ‘inclusion.'”
Chief Deputy Supt. David Schapira emphasized in his correspondence that the state’s education framework is necessary to support all students and their varying needs.
Furthermore, CDE indicated that it had also communicated with the U.S. Department of Education regarding its decision not to comply, highlighting that the federal request lacked clarity.
“It is also unclear which specific programs or activities the federal agency seeks to regulate by this certification, although the request references ‘certain DEI practices’ or ‘illegal DEI,'” the letter noted.
Calculating the impact of federal funding for education is complicated, but estimates suggest California receives approximately $16.3 billion annually, which includes allocations for school meals, support for students with disabilities, and early education programs like Head Start.
For instance, the Los Angeles Unified School District has reported receiving around $1.26 billion yearly, comprising nearly 10% of its overall budget.
In contrast to California, sixteen states, including New Hampshire, North Carolina, and Texas, are attempting to conform to the federal order, while ten other states, such as New York, Wisconsin, and Oregon, have chosen not to comply, according to a state-by-state analysis compiled by Education Week.
California’s decision follows a previous communication sent to school leaders on April 4, which informed them that school districts routinely affirm their compliance with federal law and that such compliance is monitored annually through various accounting mechanisms.
The U.S. Department of Education has not commented on California’s noncompliance at this time.
However, Education Secretary Linda McMahon has publicly praised Puerto Rico for adhering to the federal directives.
She similarly lauded New Hampshire for posting certifications from its individual school districts.
Notably, a small number of California school systems are overseen by pro-Trump leadership, such as Chino Valley Unified, which has chosen to certify its compliance directly to federal officials rather than deferring to state education authorities.
Chino Valley Unified School District Board President Sonja Shaw emphasized, “This was a no-brainer for us. I want to make it absolutely clear: Our focus remains where it belongs — on reading, writing, math and achieving the best outcomes for our students, not in the ideologies and divisiveness that the state of California, [Gov.] Gavin Newsom and his cronies continue to push.”
The federal demand follows a letter issued on February 14, instructing all K-12 school districts and higher education institutions to cease considering race in various domains, including admissions, hiring, promotion, and other aspects of student life.
Consequently, numerous colleges and universities across California and beyond have begun to eliminate diversity efforts and scrub references from their websites.
The certification request is intended as a further step in the enforcement process, as federal officials have indicated.
Acting Assistant Secretary for Civil Rights Craig Trainor remarked, “Federal financial assistance is a privilege, not a right,” suggesting that many educational institutions have failed to adhere to their legal obligations.
He added that some have used DEI programs discriminatorily against certain groups of Americans to favor others.
The certification form includes several pages of legal analysis backing the administration’s demands, largely contingent on a recent U.S. Supreme Court ruling prohibiting affirmative action in college admissions.
Trainor referenced Chief Justice John G. Roberts Jr., who stated, “Eliminating racial discrimination means eliminating all of it.”
Following this trend, California has countered Trainor’s conclusions in its April 11 letter to the U.S. Department of Education, expressing concern that the federal agency appears to be altering the terms and conditions associated with California’s federal awards without a formal administrative process.
The letter further asserts that the U.S. Department of Education cannot impose new requirements on recipients without adhering to proper rule-making procedures.
This letter was signed by Len Garfinkel, general counsel for the California Department of Education, and Kirin K. Gill, chief counsel for the State Board of Education.
In rejecting the federal demands, officials in New York have similarly challenged the linkages made to the Supreme Court ruling cited by Trainor.
A cautious approach was taken by Los Angeles Unified School District, which stated it would follow state guidance while ensuring compliance with federal laws.
The Trump administration has also issued similar threats regarding school funding related to policies concerning transgender students and sex education curriculum, leading to federal enforcement actions like the one announced against the State of Maine, which could ultimately result in the withdrawal of federal education funds.
Additionally, federal officials have initiated an investigation of the California Department of Education for allegedly not providing parents with information regarding changes to their child’s gender identity, again presenting the potential for significant funding consequences.
Federal authorities argue that California’s SAFETY Act violates a federal law that guarantees parents access to their child’s school records and contend that the federal Family Educational Rights and Privacy Act (FERPA) should take precedence.
In response to this investigation, California state education officials have defended the SAFETY Act, asserting that there is no conflict between it and FERPA.
State Superintendent of Public Instruction Tony Thurmond stated, “Today, California affirmed existing and continued compliance with federal laws while we stay the course to move the needle for all students.”
He added, “As our responses to the United States Department of Education state, and as the plain text of state and federal laws affirm, there is nothing unlawful about broad core values such as diversity, equity, and inclusion.”
Thurmond also expressed pride in California’s students, educators, and school communities for their dedication to teaching and learning amid federal actions aimed at distraction and disruption.
image source from：https://www.latimes.com/california/story/2025-04-11/california-defies-trump-education-order-certify-school-districts-eliminate-dei
