K-12 DEI threats

By Stacy Gittleman

Donald Trump made fighting “woke left diversity, equity, and inclusion (DEI)” practices the cornerstone of his education policy during his 2024 presidential campaign. Trump made good on these promises when, in January 2025, he issued multiple executive orders targeting DEI across the federal government, federal contractors, and educational institutions. The orders, which have been challenged in court, aim to end DEI initiatives by cutting funding to K-12 schools and instituting investigations.

However, while local school districts may be toning down or rebranding DEI language on their websites, they remain committed to delivering the values of DEI despite the threats from the federal government. Nearly all school districts in the depths of the COVID pandemic lockdown in 2020 passed DEI resolutions following the murder of George Floyd in May of 2020 in Minneapolis, Minnesota.

Trump’s executive orders include EO 14151, which mandates the end of all DEI programs and contracting agencies in the federal government, and EO 14173, which rescinds a 1965 executive order that had required affirmative action plans for federal contractors. EO 14173 also requires the United States Attorney General to develop an enforcement plan targeting “discriminatory” DEI practitioners in the private sector and higher education. Lastly, EO 14168 defines “sex” as a biological binary and instructs federal agencies to remove policies promoting “gender identity ideology.” 

The executive orders placed higher education and K-12 education institutions on guard with threats to federal funding if schools continue with DEI initiatives. Specifically relating to the K-12 arena, the administration instructed the United States Department of Education to reverse equity efforts in schools because they are now considered racially discriminatory.

On February 14, the U.S. Department of Government Efficiency (DOGE) followed up on these executive ordrs. It released a letter that threatened DEI programming, citing that race-based initiatives have tainted American institutions, especially if they are used as a factor determining admissions, financial aid, hiring, and other operations. DOGE said often these measures are to the detriment of white and Asian students, many of whom come from disadvantaged and low-income backgrounds, the letter said.

The letter stated: “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them — particularly during the last four years — under the banner of DEI, smuggling racial stereotypes and explicit race-consciousness into everyday training, programming and discipline. But under any banner, discrimination on the basis of race, color, or national origin is, has been and will continue to be illegal, according to the letter.

The letter cited the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which clarified that the use of racial preferences in college admissions is unlawful, sets forth a framework for evaluating the use of race by state actors and entities covered by Title VI.

According to the letter, the U.S. Supreme Court determined that there are only two compelling examples when to deploy race-based decisions and actions: “(1) remediating specific, identified instances of past discrimination that violated the Constitution or a statute; and (2) avoiding imminent and serious risks to human safety in prisons, such as a race riot.”

DOGE harshly rebuked DEI programs that “teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to racial groups based on crude racial stereotypes. “

It concluded: “The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this nation’s educational institutions. 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. All students are entitled to a school environment free from discrimination. The Department is committed to ensuring those principles are a reality.”

On April 3, the department of education released a letter echoing messages from the DOGE letter. It stated that it would allocate federal financial assistance to state K-12 public education departments on the condition that they would be consistent with the Trump administration’s view that efforts supporting diversity, equity and inclusion are unlawful.

On April 25, Michigan Attorney General Dana Nessel, along with 19 state attorneys general, announced she had filed a lawsuit that challenged the department of education’s threat to withhold federal funding from state and local agencies that refuse to abandon lawful programs and policies that promote equal access to education in the nation’s K-12 classrooms. Other states in the lawsuit include California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.

Nessel’s office described the department of education interpretation of Title VI of the Civil Rights Act of 1964 in respect to DEI as “legally incoherent.” States were expected to adapt this interpretation, outlined in the April DOE letter, or risk immediate and catastrophic loss of federal education funds. 

According to Nessel’s office, Michigan, like many other states, declined to sign the certification form as drafted, explaining that there is no lawful or practical way to do so given the department’s vague, contradictory and unsupported interpretation of Title VI.

“That the federal government would strangle our schools and shutter classrooms to achieve their political attacks on DEI programming is appalling,” Nessel stated in a press release from April 25. “Our educational agencies cannot be expected to comply with legally incoherent demands that undercut the 1964 Civil Rights Act, particularly when our schools are not in violation of Title VI and have annually certified compliance with this law. Federal educational funds are a significant portion of the funding needed to teach the children of our state, and right now, in the face of these unlawful demands, we’re fighting the Trump administration just to keep special education in our public schools.” For fiscal year 2024, Michigan was allocated $1.267 billion in congressionally mandated financial support through the U.S. Department of Education for a wide variety of needs and services related to children and education. This funding includes financial support to ensure that students from low-income families have the same access to high-quality education as their peers, provide special education services, recruit and train highly skilled and dedicated teachers, fund programming for non-native speakers to learn English, and provide support to vulnerable children who are in foster care and without housing. As a condition of receiving these funds, state and local education agencies provide written assurances that they will comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin, and Michigan has consistently and regularly certified its compliance with Title VI and its implementing regulations.

According to Nessel, the April DOE letter presented the state departments of education and local school districts with an impossible choice.

“There are two untenable options,” read the press release. “Either refuse to certify compliance based on the Department’s undefined viewpoint on what constitutes unlawful diversity, equity, and inclusion programs, curriculum, instruction, and policies, and place federal funding in peril, or, certify compliance, attempt to identify and eliminate lawful diversity, equity, and inclusion to the detriment of students, and still face liability for failing to comply with the DOE’s vague and ill-defined order.”

Faced with this choice, the Michigan Department of Education informed the federal department of education that it would continue to stand by its prior certifications of compliance with Title VI and would not give in to the unlawfully issued certification, according to Nessel.

In the lawsuit, Nessel and the multi-state coalition assert that the department’s attempt to terminate federal education funding based on its misinterpretation of Title VI violates the Spending Clause, the Appropriations Clause, the separation of powers, and the Administrative Procedures Act of the U.S. Constitution.  

According to Danny Wimmer, Nessel’s press secretary, as of press time, the federal department of education has not acted on the demands of the lawsuit, nor has it sought to withhold funding due to states’ and districts’ decisions not to certify the order as initially demanded. The lawsuit remains pending, with a status conference scheduled for October 6

“The U.S. Deparetment of Education has attempted to cut several education programs, though it is not always clear if the cuts are specifically tied to the administration’s efforts against DEI initiatives,” Wimmer wrote in an email. “AG Nessel has successfully recovered many millions of dollars in funding to local districts that the administration has attempted to cut, including $25 million intended for pandemic relief funding, funds to support building upgrades, and $171 million in Title VI funding. Another case is pending related to funding cuts to school-based mental health.”

On August 14 a federal judge in Maryland blocked two Trump administration actions aimed at eliminating DEI programs at the nation’s schools and universities, citing that the federal department o education violated the law with these draconian measures. The new ruling orders the DOE to scrap the guidance because it runs against procedural requirements.

On June 9, 2020, the Michigan Department of Education passed an anti-racism resolution stating: “Educators as lifelong learners are obligated to teach and learn about race and racism and should be provided with the development tools and resources to facilitate discussions on racism, understand and teach about racism’s origins. If necessary, the state’s school districts must make amendments and adjustments to curricula, training, policies, and systemic practices used in schools to help root out racism. The resolution committed the state DOE to review current and proposed state budgets, standards, policies, legislation, and policy guidance to ensure that they promote equity and aggressively discourage and disrupt practices that allow racial inequities to persist.”

State Superintendent of Education Dr. Michael Rice is set to retire this month on October 3. Leading up to his departure, Rice released several memorandums that focused on “Belonging and Inclusion” in response to threats to K-12 schools that actively deploy DEI initiatives.

Responding to the Trump administration’s February 14 letter, on February 27, he wrote: “The MDOE continues to support diversity in literature, comprehensive history instruction, and broad recruitment … for students and support staff to become teachers.”

The letter continued: “MDE disagrees that pre-K-12 programs that promote diversity, representing all children, regardless of race, and inclusion of all children, regardless of race, inherently harm particular groups of children and are de facto violations of Title VI of the Civil Rights Act of 1964.”

Rice wrote in a September 2 memo that as superintendent, he attempted to create a culture of belonging for the students of Michigan’s 824 local school districts and 56 intermediate school districts, even during the COVID pandemic. Now, state educators have the legal obligation to stand up to threats to public education funding cuts from the federal government.

Rice wrote of students’ rights to a free public education “regardless of citizenship or immigration status and an education that is free from bullying, harassment, and discrimination based on religion, race, color, national origin, sex, sexual orientation, or gender identity or expression. In turn, public educators and staff have the right and responsibility to teach from a diverse well of viewpoints, texts, and literature that reflect the full breadth of history.”

While not specifically mentioning DEI or attacks on these values by the Trump administration, Rice wrote that the state department of education has participated in eight lawsuits regarding the rights and funding of students, staff and schools.

Urging the state’s educators to get on the floor to be at eye-level with their students, sit in the lunchroom, or stand in the playgrounds to find any child who may appear to be left out, marginalize and alone, Rice wrote: “I felt it important to remind some and inform others of our legal responsibilities to children. At MDE, we remain committed on the legal front to advocating for, defending, and communicating the rights of children at every opportunity. Yet we know that those rights can only be fully realized in classrooms, schools, and school communities. It is our local educators, support staff, and administrators who create the environments in which these hard-won protections can take root and flourish.”

At a September 9 state board of education meeting, Rice decried Lansing’s failure to meet its statutory requirement of passing an education budget by July 1 and explained how this hurts schoolchildren across the board as they headed back to class.

“This is unacceptable,” he told the board. “The failure to pass a timely budget has led to districts being more cautious in their spending decisions, including their staffing decisions this summer into the beginning of the school year. Some districts have begun to share with parents that certain programs will not run or may not run. This includes universal meals, after-school programs, and the hiring of additional teachers to reduce class sizes.”

Rice described the House’s proposal as an “outlier budget.”

“It fails to fund (professional) training, a pilot program to lower class sizes in high poverty districts (from kindergarten to Grade Three), and fails to fund research-based early literacy materials, general education, and transportation reimbursement.”

Rice also criticized the House budget in Section 22f, which lumped a large portion of money into a block grant system. This would require districts to compete against each other for resources that are state and federally mandated by law, such as universal meals and state summative assessments. Districts would also need to compete for dollars to pay for children’s mental health, school safety, and funding to hire extra teachers for English learners.

“I had not anticipated that my six years in the role (of Superintendent) would be marked at the beginning by a pandemic and then, at the end, marked with lawsuits,” Rice said. “But this is where we are, faced with much uncertainty, yet with the need and lawful obligation to protect children in any shape or form, and that protection includes serving them in our schools.”

The Michigan Education Association (MEA), representing about 120,000 teachers, education support professionals, and higher-education employees, is equally frustrated with the stalled state budget, coupled with teachers returning to school without a working contract.

The Democratic-led Senate passed a budget in May that increased K-12 funding by $1 billion to continue improving teacher salaries, student mental health, school infrastructure and literacy initiatives. Conversely, state House Republicans in August passed a budget that would divert $1.4 billion from the classroom to fix the state’s roads. Republicans in Lansing are also falling in line with Trump’s desire to ax DEI initiatives.

Writing to Downtown, the MEA noted that Michigan students with special needs and those attending schools in lower-income districts also rely on federal funding to provide the extra help they need to fulfill their full potential, and any cuts to those will hurt their education and the foundations necessary for a bright future.

“We believe that every student — regardless of where they live, their family’s income or other characteristics — deserves a great education that can prepare them for life after graduation and the jobs of the future,” wrote Chandra Madafferi, MEA president and chief operating officer and a teacher in Oakland County. “Cuts to our hometown schools will cause irreparable harm to hundreds of thousands of students across Michigan at a time when we should be giving them more support — not less. We are urging elected leaders on both sides of the aisle to come together to support our local schools, students, and communities. Our kids’ future depends on it.”

Considering they are working without a passed state budget or union contracts, no local school district, including Birmingham, Bloomfield Hills, West Bloomfield, Royal Oak or Troy, agreed to an interview with Downtown for this story on the impact of executive orders relatie to DEI and federal funding. They cited a lack of staff resources and time due to the demands of preparing their staff and buildings for the first day of school.

Instead, most districts responded with written statements. West Bloomfield Schools declined to comment for the story, and Royal Oak Schools did not respond to multiple requests for comments.

As evidenced on school district websites, staffing and curricula offerings, none of the above districts are wavering from their DEI initiatives. DEI messaging had been growing in schools before the pandemic, but was catalyzed after the May 2020 murder of George Floyd in Minneapolis at the hands of police officers and the ensuing Black Lives Matter movement. Each district passed a DEI resolution with a promise of reviewing and revising curricula that may be construed as perpetuating systemic racism in the public education system.

`Despite the Trump administration’s threats to cut funding – mainly in the form of assistance with free meals offered in schools – local districts are not backing down from curricula or after-school clubs or activities that speak to race, gender, sexuality, ethnic or religious diversity.

Downtown’s review of 2025-2026 course catalogs for area high schools revealed that all are offering courses that examine race, religion, sexuality, and protest.

For example, local high schools offer courses such as African American History and Advanced Placement African American History, advanced English seminars that examine women, feminist and LGBT literature, and a variety of contemporary American history and social studies courses that offer curricula through the lens of various social justice and protest movements.

Bloomfield Hills administrators did not respond to multiple requests for an interview. Instead, the district wrote the following to Downtown regarding its commitment towards DEI in the face of threats from the Trump Administration:

“Our focus is on providing high-quality educational experiences in welcoming environments where students are respected, supported, and able to fully engage in their learning. While we will follow state and federal requirements, our commitment remains to ensuring that students can learn, grow, and thrive in Bloomfield Hills Schools.”

During a June 25, 2020, Board of Education meeting, the Bloomfield Hills school board unanimously voted in favor of a resolution to eradicate racism and create more equitable and inclusive schools for all children. The impetus to pass a resolution was prompted by a student-led coalition formed during the height of the pandemic in the isolation of their bedrooms.

Under the resolution, the Bloomfield Hills Schools Board of Education committed to revising its equity policy to eliminate the effects of racism on our marginalized students and staff, “decolonize the curriculum that is racially and culturally literate across all grades and school buildings, honor the contributions of indigenous people, reduce hate incidents through anti-racism training, and expedite anti-racism accounts.”

In 2021 and in years prior, the school endured multiple racist incidents targeting black students. These included a bathroom wall where someone scrawled “Kill all (N-word).” In another incident, a black doll was hung in a communal area of the school. Black parents felt that administrators had not investigated the incidents seriously enough and filed a $150 million lawsuit against the district in November 2021.

Attempts to implement DEI programming and address racism at the high school through a mandatory high school assembly in March of 2023 backfired, caused rifts throughout the district, and drew international attention.

At the student-organized assembly, Huwaida Arraf, a human rights attorney with Christian Palestinian heritage, was one of four who were invited to speak to discuss how they coped with any discrimination they may have encountered when they were in high school.

Arraf went off topic and, in four separate sessions, told a student body of 1,700 students, many of them Jewish, that Israel was an apartheid state committing genocide against Palestinians and must be dismantled.

Afterward, the district saw the resignations of the high school principal, the administrator charged with DEI programming, and the superintendent.

The district, in successive meetings, said that it would thoroughly investigate how the diversity assembly was organized and put in place restorative practices and student and teacher anti-hate and anti-bias training that would carry through the remainder of the 2023-2024 year and continue into the next academic calendar year.

Speaking on the condition of anonymity, a source with a leadership role in the district said none of that happened.

“Just like everything else in the district, promises are made, and nothing gets done,” said the source. “In truth, the district wanted the whole matter to be swept under the rug and forgotten about.”

As a result of the diversity assembly fallout, the source said that Bloomfield Hills Schools began to dial back its DEI focus long before the second Trump administration. The district has no plans to hire a new DEI administrator, for example, the source said.

“Whether or not our DEI administrator resigned or was forced to resign after the assembly, she left because she was ineffective and did nothing to stop the assembly from going off the rails,” said the source. “The district has not moved to hire another DEI administrator. That does not mean that the district does not offer a rich array of diverse courses. No matter what the Trump administration threatens regarding K-12 schools, nothing in Bloomfield Hills has changed. We are not talking about overhauling curriculum or getting rid of certain textbooks or books in our libraries because we are worried about losing our funding.”

The source said this includes offering courses such as AP African American History and other English and social studies classes that examine multiculturalism, women’s and gender issues, and other issues centered on these affinity groups.

The source did say, however, that if the district is put under a microscope and millions of dollars are jeopardized, the board would have to reconsider.

For example, the biggest threat is losing dollars from federal funding that would drastically cut free meals for underserved students. The source acknowledged that hungry children cannot learn, therefore creating an inequitable learning environment. And although that is one area that could negatively impact the district, it has more to do with the state not passing an education budget. 


“The fact that the state has not yet passed its education bill hurt the kids who need those free breakfasts and lunches the most,” said the source. “So far, though, nothing has come to our attention that would make us believe our district is under threat. We are not changing anything.”

This also means that students can form a variety of after-school clubs that speak to their ethnic, religious, cultural, or sexual identity, the source added.

The Troy School District on its website defines its approach as one providing a diverse and inclusive community in which each member is respected and valued. The district has one full-time employee who is the administrator of district student wellness and community engagement.

In a written response to questions, the district said: "We understand that DEI can mean different things to different people. In Troy, our emphasis is not on politics but on creating welcoming environments where students from all backgrounds, whether cultural, religious, linguistic, or personal, feel connected and valued. For example, our curriculum continues to include a wide variety of course offerings, including world languages such as Spanish, Chinese, French and several others. We also support student-led clubs, which provide spaces for students to connect with peers who share common interests, including cultural and affinity groups."

In a written response concerning threats to funding, Kendra Montante, director of communications for Troy Public Schools, said: “The district’s focus has always been on ensuring that every student feels a strong sense of belonging in our schools and classrooms. For us, this means that students feel seen, respected, and supported so they can fully engage in their learning.”

“As for federal or state policy changes, our approach is simple: we will always follow the laws and regulations in place,” wrote Montante. “At the same time, we remain committed to providing high-quality educational experiences that reflect the rich diversity of our community.”

In the last five years, Birmingham Public Schools made great investments to examine its shortcomings in teaching about race and diversity and incorporated these findings into a long-term strategic plan.

According to a May 2022 news report from Capcom, Michigan’s online watchdog newspaper, Birmingham Public Schools spent $176,000 in consulting fees to assist in its “strategic plan and culture and climate surveys.” Capcom obtained this information through a Freedom of Information Act request. The company also assisted with a DEI audit and compiled recommendations into an Anti-Racism Discussion Guide.

The two-year audit from 2020-2022 included 4,305 survey respondents, including 39 percent of students, 42 percent of parents, and 19 percent of staff.

The survey revealed that while most students agreed that the school district supported individuals from diverse backgrounds and different sexual and gender identities, some said that classroom discussions do not frequently address equity and that teachers were unprepared to have discussions on these issues.

The audit recommended that the district address academic disparities among minorities and economically disadvantaged students, offer more individualized education programs, conduct equity-focused professional development offerings for teachers, and address the underrepresentation of African American, economically disadvantaged, and students with IEPs in the “proficient” category on the SAT, M-STEP, and other assessment tests.

In turn, Birmingham Schools incorporated DEI messaging into its 2022-2027 strategic plan. From an academic standpoint, in its student success section of its strategic plan, the district stated that it wished to reduce or eliminate disparities among students in college and career readiness, including scores in Evidenced-Based Reading & Writing and mathematics on SAT by 30 percent by 2027 and reduce and eliminate disparities in student learning in grades 3-8 on the M-STEP in literacy and mathematics by 30 percent by 2027.

As part of the district’s Character, Equity, and Inclusion initiatives, Birmingham offers clubs and activities at nearly all grade levels that reflect the diversity in the district.

In a written statement to Downtown, Birmingham Superintendent Dr. Embekka Roberson said the 2022-2027 strategic plan demonstrates the district’s commitment to providing a safe learning environment where every student can achieve and succeed.

“Developed with broad-based input from our entire school community, our strategic plan embodies our values and our mission to build upon our track record of academic excellence and success,” read the statement. “We oppose discrimination and do not tolerate bullying, harassment, or intimidation of any kind. We thoroughly investigate all reports of inappropriate conduct in accordance with our school policies and procedures. We also encourage a culture of civility, respect, and compassion by creating venues for civil discourse and the exchange of ideas so our students can become informed and engaged citizens.”

In a written statement to Downtown, Sheri Stuart Collins, director of Oakland Schools communications, said that as an intermediate school district, its mission is to support the 28 local school districts and 23 public school academies in its service area.

“Everything we do is centered on helping educators create safe, supportive, and inclusive learning environments where every student can thrive,” she wrote. “While each local district makes its own decisions about curriculum and classroom programming, Oakland Schools follows the law and is committed to ensuring that educators have access to the training, resources, and support they need to meet the diverse needs of their students.”

Critics of the DEI movement say that while the concept is a noble one with good intentions on paper, in practice, it has been problematic when it places people in boxes based on race and religion.

David Bernstein is executive director of the North American Values Institute (NAVI). NAVI is a non-profit organization based in Maryland that maintains a K-12 extremism tracker, collects data on extremist concepts being introduced in school curricula, and writes a blog about school districts and teachers’ unions that they deem are taking DEI practices in the wrong direction. They also provide resources to educators and parents.

“We ardently support any practice of DEI that allows for a diversity of viewpoints, ethnicities, and identities,” Bernstein said. “We believe that all people should live near, learn, or work with people who are different from them, who are not exactly like them. The problem is, DEI often works against these values.”

NAVI on its website has a one-page fact sheet entitled: DEI: Not your friendly puppy in the window.

It states that NAVI believes schools, workplaces and businesses should follow civil rights laws, people should not face discrimination based on race, ethnicity, gender, or sexuality, and those who need accommodations should receive them so that they have equal access and opportunities at work, schools, businesses, and public places.

However, the organization is critical of DEI practices that offer certain groups preferential treatment based on race, ethnicity, gender, or religion. It is critical of any practice or teaching method that justifies the discrimination of certain groups based on real, perceived, or stereotypical historical or current discrimination, privilege, or power. It also disagrees when schools, businesses, or institutions tell employees or students what to believe about power, privilege, and oppression.

“In some school districts, there tends to be an indoctrination program through some curricula telling our students precisely what they must believe about our society, who has and who does not have power,” Bernstein explained. “It works against critical thinking and civil discourse. It undermines the spirit of our common national project. When students are placed into affinity groups based on their race, when white students are told to contemplate how they have power, and minority students are told they are powerless, this does not bring students together. This does not cultivate or motivate students to create community and create a common civic culture in school and society.”

In one example of a sticking point the Trump administration has with DEI, Bernstein said the White House is aiming to push back on school districts that are not offering or giving standardized tests because of the belief that they are slanted against minorities or marginalized groups. Bernstein said NAVI’s research has shown no evidence that the Trump administration is targeting schools based on which after-school groups students join on a voluntary basis.

Bernstein said that before the second Trump administration, the pendulum in America’s public schools was already beginning to swing away from supporting DEI.

But Trump’s executive orders and his administration’s new interpretations of what constitutes discrimination or violations of the Civil Rights Act are expediting the shift.

Bernstein said there is a “damned if you do, damned if you don’t” rationale as to why few school administrators want to talk to the media about DEI.

“If they say something publicly that gets the attention of the federal government, they could compromise their federal funding,” Bernstein said. “If they say something positive or neutral about the notion of dialing back DEI programming and initiatives, they may upset their teachers’ unions or local constituents in their school district. They just can’t win.”