States Are Grappling With the Risks of Defying Trump’s Anti-DEI Order

“We have to fight as hard as we can without losing federal funding,” Rep. Ritchie Torres said.

Maine Janet Mills

Maine Gov. Janet Mills has slammed the Trump administration’s directives around transgender athletes. Andree Kehn/AP

State education departments are stuck: Either sign on to President Donald Trump’s order targeting diversity, equity and inclusion initiatives in the classroom — that many administrators, lawyers and advocates think is legally unsound — or risk losing federal funding.

In early April, the Department of Education announced it would be requiring states to sign and return a document certifying that they are in compliance with two civil rights laws, Title VI and Students for Fair Admissions v. Harvard, and that compliance is necessary to receive federal funding.

States have until April 24 to submit their certifications.