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Elon Musk’s Department of Government Efficiency and the Department of Education put state education departments on notice Friday, threatening to revoke federal funding for public schools and universities unless they remove all “diversity, equity and inclusion” programming within 14 days.
It’s the latest move in DOGE’s sweeping changes of the federal government, which have slashed budgets, bulldozed federal agencies and caused panic with federal workers at risk of layoffs. The Department of Education — whose nominee to lead the agency, Linda McMahon, has yet to be confirmed — is also a target for drastic reductions or complete elimination, as President Donald Trump seeks to punt education regulation back to the state-level.
The letter, penned by the Department of Education’s acting assistant secretary for civil rights, emphasizes the legal nondiscrimination requirements for schools that receive federal assistance, and bases much of its legal argument on a Supreme Court case where Harvard University was sued over its affirmative action policies. The Court ruled that using racial preferences in college admissions is illegal, and the letter argues it “sets forth a framework” and applies more broadly.
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“The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” acting Secretary Craig Trainor wrote in a letter DOGE said went to every state education department.
The Department’s notice directs schools — from the preschool level to universities — to ensure their policies comply with their interpretation of the law, saying they will begin assessments two weeks from now and are tying federal funding to state compliance.
The Department of Education did not immediately respond to request for comment.
The directive could have major implications for public colleges with programming for minority or disadvantaged students, including clubs, student aid and even graduations. Many have already begun to take down DEI content from their websites and ended their DEI offices.
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Among the avalanche of executive orders signed during Trump’s first week, he moved to “end indoctrination” in K-12 education and block federal funding for schools that included “gender ideology and critical race theory in the classroom.” Trump also axed DEI policies throughout the government, with federal agencies — including the Department of Education — removing their DEI officers and taking down pages on their websites that referenced gender, race or sexuality.
The Education Department has shown a willingness to target public schools over the policy already, having launched an investigation into Denver Public Schools in late January for converting a female restroom into an all-gender facility at a local high school. Just this week, the Department slashed 70 DEI training grants, according to DOGE on X.
Democratic lawmakers denounced the letter as illegal on Friday. Sen. Patty Murray (D-Wash.) urged parents, students and teachers not to be intimidated by the notice.
“While it’s anyone’s guess what falls under the Trump administration’s definition of ‘DEI’, there is simply no authority or basis for Trump to impose such a mandate,” Murray said in a press release.
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