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New York State DOE Defies Order to Remove DEI from Schools

Photo:  Jonas Elia / Unsplash

The New York State Education Department (NYSED) will not comply with the US Department of Education’s request to remove diversity, equity, and inclusion (DEI) initiatives from all educational matters.

The DOE sent a letter last week to federal education commissioners with an ultimatum to confirm that state schools do not promote any activity or practice that promotes diversity, equity, and inclusion (DEI).

The decision was announced in a letter written by counsel and deputy commissioner of the NYSED Daniel Morton-Bentley to the DOE. 

Morton-Bentley claimed the Trump Presidency is censoring anything related to DEI, which he deems unconstitutional: 

“We understand that the current administration seeks to censor anything it deems ‘diversity, equity & inclusion…” he said.

Moreover, the deputy commissioner finds the USDOE to have no legal authority to make changes to state educational practices: 

“[T]here are no federal or State laws prohibiting the principles of DEI,” he claimed. “NYSED is unaware of any authority that USDOE has to demand that a state education agency agree to its interpretation of a judicial decision or change the terms and conditions of NYSED’s award without formal administrative process.”

Morton-Bentley further claimed the Presidency’s stance toward DEI is a shift from Trump’s previous term. According to The Associated Press, he cited “comments in 2020 made by then-U.S. Education Secretary Betsy DeVos that diversity and inclusion were ‘cornerstones of high organizational performance.’ He wrote the administration has provided no explanation of why it changed positions.’”

The Hill reports that the DOE will be extending the deadline by ten days to April 24. A DOE spokesperson told The Hill: 

“No student should be denied opportunity or treated differently because of their race. When state education commissioners accept federal funding, they undertake the obligation to abide by federal antidiscrimination law. The Department is simply asking school districts to certify they are following the law and not using race preferences or pernicious race stereotypes in schools.” 

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