The federal Department of Education is giving states 10 days to confirm they have ended diversity, equity and inclusion programs in school or else lose federal funding.
A memo issued Thursday stems from a Feb. 14 “Dear Colleague” letter sent to state education leaders, which instructed schools to remove DEI programming to comply with both Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, and the Supreme Court ruling in Students for Fair Admissions v. Harvard, the 2023 case that overturned affirmative action in college admissions.
In that letter, acting Assistant Secretary for Civil Rights Craig Trainor wrote that the ruling can be broadly applied to any educational program that treats people differently based on race, including scholarships, financial aid, administrative support, housing and graduation ceremonies.
He said the department would “vigorously enforce” that interpretation of the law, and districts that don’t comply could lose federal funding.
“Federal financial assistance is a privilege, not a right. When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Trainor said Thursday. “Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”
The latest federal action does not target Maine specifically, and is unrelated to the Trump administration’s dispute with Maine Gov. Janet Mills over transgender sports policies.
Many Maine schools do have DEI programs, however. And Maine K-12 schools received $250 million in federal funds this school year. That money supports students with disabilities through the Individuals with Disabilities Act, and provides funding for economically disadvantaged students and rural schools through title funding. Districts like Lewiston and Portland receive millions to support their most vulnerable students through those federal funding sources.
Chloe Teboe, a spokesperson for the Maine DOE, confirmed in an email Thursday evening that the department received the letter alongside counterparts in every state, but said the state agency “has not provided a response.”
The “Dear Colleague” letter gave districts until Feb. 28 to comply, although that date seemingly came and went with no consequences. Thursday’s memo gives states 10 days to sign and return a document assuring compliance with Title VI and the Harvard ruling, and requires state leaders to collect “certification responses” from local districts.
In the months since Trump took office, many Maine school districts, including Portland and South Portland, have publicly affirmed their commitment to diversity, equity and inclusion.
“We are a great district because of our diversity. It is who we are,” Portland Superintendent Ryan Scallon said in a speech at a March 18 school board meeting. “Our vision and mission have not changed. We are focused on ensuring that all students leave us prepared and empowered and that requires that we provide programming that meets students’ specific needs in an environment that is joyful and celebrates the diversity of our community.”
Trump signed an executive order March 20 to dismantle the federal Department of Education, a step toward a campaign promise to eliminate the agency entirely. The department laid off half its workforce, a move which was swiftly met with a lawsuit from 20 states, including Maine.
The department is also investigating Maine over the state’s transgender athletes policies, and issued a “final warning” last week after the state Department of Education declined to sign an agreement to change state policy.
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