What counts as a DEI course in school? How are these programs different from simply learning and talking about race and identity?
These issues have been at the heart of local education debates over the past five years. Now, after the Trump administration notified all 50 states on Thursday that they are most likely to become more pressing if public schools use DEI “a racial advantage over another person.”
The letter provides the most obvious threat to the country’s federal funding for K-12 schools – Title I, supporting low-income students. (The federal dollar accounts for about 8% of total K-12 education funding.)
President Trump has previously put pressure on schools to not recognize transgender identities. The new directive focuses on categories of race, color and nationality. The documents sent to the states cite Chapter 6 of the Civil Rights Act, which aims to prevent discrimination, and the Supreme Court’s 2023 decision overturned affirmative action in college admissions.
The government has not provided many examples of K-12 programs that are considered illegal. But this is the type of initiative that may be under scrutiny.
Single match affinity group
Schools sometimes separate students by race, either providing targeted support or trying to promote more open discussions about race itself.
For example, some districts convened support groups for Black Boys to discuss issues of masculinity, achievement, and relationships. These groups also sometimes provide academic tutoring or help with university applications.
Some schools divide all students into discussion groups through competitions (Asian students, white students, Latino students, multiracial students) to promote conversations around diversity and bias.
Obviously, the Trump administration will not accept these practices. It has begun investigating Ithaca Public Schools in New York to host a series of student meetings of color, some of which may not be open to white students.
The government declared in an interpretation document: “Apartheid is illegal”, defining segregation as “any activity that separates students, faculty, or employees based on race.”
The document clearly shows that it does not matter whether educators separate students with “presumed benevolent purpose.”
Black Studies and Race Studies Courses
Over the past decade, many states, school districts, and curriculum publishers have created new curriculums in Black Studies and Race Studies.
The Trump administration’s new guidelines do not explicitly discuss K-12 courses. However, in providing advice to universities, the government previously stated that courses that “emphasizing and focusing on racial stereotypes” can “create a hostile environment under Title VI.”
Mr. Trump and his allies have argued in the past that discussions about structural racism and white privilege create a hostile environment for white students by prompting unnecessary personal guilt. However, the concept of structural racism is crucial for disciplines such as black studies and racial studies, which are increasingly taught in left-leaning countries and regions.
Kimberlé Crenshaw, a leading black research and law scholar, said the government is far beyond established legal precedents and believes schools should not be anxious to accept the government’s interpretation of the restrictions on courses allowed by civil rights laws.
She warned that what she called “expected obedience – the idea that we have to give is beyond the idea that we are asked to be because we want to be safe.”
Plans to improve outcomes for specific groups
Some school districts have written plans to improve test scores and graduation rates for specific students, such as black boys.
These programs often seek to recruit more diverse teachers to better match students’ demographics – a discriminatory one that the Trump administration considers. These programs may also mention goals such as incorporating more non-white students into advanced arrangement courses or gifted courses.
“It’s not complicated,” Acting Assistant Education Secretary Craig Trainer said in a statement.
He noted that the last government guidance stated: “If an educational institution treats one person of a race to treat one person and treats another person due to the race of that person, the educational institution violates the law.”
Heritage Celebration and Book List
Many schools commemorate events such as Black History Month or Lunar New Year and offer special reading lists or performances. Some people form after-school clubs to explore a certain identity.
In its FAQ document for schools, the government noted that heritage groups and celebrations are not inherently problematic, “assuming they are open to all students.”
However, opposition to laws and regulations has prompted some educators to conduct self-censorship.
In states like Florida that have similar restrictions on DEI, schools sometimes cancel legacy programs in an effort to anticipate the goals of conservative legislators and activists, and remove library books involving black historical figures or civil rights movements.
In response to previous Trump executive actions, some Department of Defense schools suspended Hispanic and Asian heritage groups and canceled rallies and performances for Black History Month.
Is this enforceable?
There are 13,000 school districts nationwide and it is unclear how the Trump administration effectively approaches their police. Mr. Trump drastically cuts the education department’s staff when he tried to remove the agency, including many lawyers investigating civil rights violations.
As he did at college, Mr. Trump may target high-profile free school districts, such as the big American cities.
The potential impact of these places can be huge. For example, Los Angeles received $861 million from the federal government this school year and used the money to help pay teachers, counselors, social workers and psychiatrists.
