Delaware weighs response to U.S. Education Department memo threatening funding for low-income students over DEI programs

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Delaware has days to respond to a letter from the Trump administration that threatens to withhold funding for low-income students from public schools with diversity, equity and inclusion initiatives.

The memo from the U.S. Department of Education was sent to all 50 states on April 3 and initially required states and school systems to certify within 10 days that they are following the government’s interpretation of civil rights law or lose Title I funds. That deadline has been extended to April 24.

It says that any violation of civil rights law “including the use of Diversity, Equity, & Inclusion (‘DEI’) programs to advantage one’s race over another is impermissible.” The memo also states that the administration may try to withhold money from entities that it said use DEI practices in violation of federal law or levy penalties under the False Claims Act.

“Federal financial assistance is a privilege, not a right,” Craig Trainor, acting assistant secretary for civil rights, said in a statement. He said many schools have flouted their legal obligations, “including by using DEI programs to discriminate against one group of Americans to favor another.”

Some states like New York have publicly said they will not comply with the order. The city of Chicago has threatened court action if money is pulled from schools. A spokesperson for Gov. Matt Meyer said he was working with the Delaware Department of Education and the state’s education secretary to review the memo.

The American Federation of Teachers, a national teachers’ union, is suing to block the Feb. 14 letter, saying it violates the First and Fifth amendments. Under an agreement reached Thursday between the parties, the Department of Education has agreed to postpone any enforcement action or investigation of the responses to the certification memo until after the April 24 deadline has passed.

As of the 2024 school year, federal dollars made up about 10% of K-12 public education dollars in Delaware, while state revenue accounted for about 61% and the local share was about 11%. According to 2023 figures, districts received about $335 million in federal funding.

“This letter is yet another example of just how willing the Trump administration is to harm all children in its quest to force our schools to abandon inclusive policies that protect our most vulnerable students, and ensure all students have equal access to an education,” said Stephanie Ingram, president of the Delaware State Education Association, in a statement. “No public school should ever be forced to stifle speech and erase lessons or risk losing critical resources that help children living in poverty and students with disabilities learn reading and math.”

The memo follows a February letter from the agency’s civil rights division that notified educational institutions it was against the law to use race as a factor in instances such as admissions, hiring, compensation and scholarship.

The Trump administration is relying on a new reading of the Civil Rights Act of 1964 and the U.S. Supreme Court decision Students for Fair Admissions v. Harvard, which found race-based college admission systems unconstitutional.

Trainor’s February letter said education institutions have “toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism.’”

It’s unclear what could be considered discriminatory under this interpretation of civil rights law. Delaware law requires K-12 schools to include studies on ​​Black History. Last year, then-Gov. John Carney signed legislation that requires more inclusive history be taught in schools, including the history of Asian American and Pacific Islander communities. House Education Committee Chair Kim Williams said she’s not sure what the Trump administration considers a violation, but is concerned about the threatened loss of federal funds.

“It’s rich history that we should all be learning and aware of,” she said. “That is part of our history, so I don’t understand it.”

The U.S. Education Department later clarified that some practices are allowed, including Black History Month celebrations and programs focused on certain cultures, but it said many schools have “advanced discriminatory policies and practices under the banner of ‘DEI’ initiatives.”

A breakdown of federal funding to school districts from the Delaware Department of Education shows that the Christina, Red Clay and Indian River school districts receive the most Title I funding, which goes to help schools with large populations of low-income students. Christina gets the most at $7.7 million a year.

Christina school board member Doug Manley said the district has received all of its Title I funding for the current fiscal year. It was still waiting for additional federal dollars for school improvements, adult education and other federal money.

He said the district is looking at how it could survive without the federal contribution if it were taken away, including corporate sponsorships or calling a referendum.

“If the state’s going to give us the $7.7 million then I don’t have anything to worry about,” he said. “If the state’s going to give us some percentage less than that, then we’ll have the information at the first meeting in July and we’ll be able to figure out how we want to address this.”

Members of Delaware’s congressional delegation have expressed alarm about U.S. Education Secretary Linda McMahon’s plan to dismantle the Department of Education. Sens. Chris Coons and Lisa Blunt Rochester signed a letter sent to McMahon earlier this month voicing concern that cuts at the department may negatively impact students with disabilities.

The Associated Press contributed to this report.

This story was supported by a statehouse coverage grant from the Corporation for Public Broadcasting.