Trump’s new threat to public schools shows isn't binding on Minnesota school districts

The latest threat to federal funding for Minnesota's public schools shows the biases of President Trump's administration, but isn't binding on Minnesota school districts.

Whatever the legal-sounding pretext for this illegal policy, the biases of this administration are clear to anyone who has followed the president's politics. He's going after public schools that serve every student because he prefers some Americans over others. Local school boards and superintendents that rush to strip away students' freedoms to read, learn and attend welcoming schools are following their own prejudices, not the law.

On Thursday, the U.S. Department of Education issued a notice to all state education departments and K-12 school leaders asking them to sign a document within 10 days certifying that there are no "illegal DEI" programs in schools. The department makes the dubious claim that failure to sign the document could result in losing federal money already appropriated by Congress for special education, Title 1 and other programs.

We expect that the courts will block this policy and invalidate this threat as quickly as judges have struck down all the other attacks on policies intended to guarantee that every student in public schools is treated with respect, protected from bullying and has access to a wide range of books and lessons. The biggest danger created by this memo is that it will lead to some districts and higher education institutions abandoning or prohibiting equity-related programing and practices that are perfectly legal.

For example, even under the legal reasoning in the department's new memo, the following programs and policies in K-12 schools would still be permissible:

• Programming or events that focus on a particular group—including based on race, ethnicity, gender or sexual orientation—or particular forms of societal bias or discrimination.
• Affinity groups that are open to all students but emphasize a particular group or identity.
• Anti-harassment trainings that equip district staff to interrogate and counter implicit biases and pervasive race- and gender-based prejudice in United States society.
• Proudly proclaiming their commitment to cultivate a learning environment where all students, regardless of their identity, feel valued.
• Adopting policies that promote full inclusion and accessibility for all community members regardless of their ability status.
• The use of ‘all gender restrooms that are available to all members of the school community regardless of a person's gender identity.

About Education Minnesota

Education Minnesota is the voice for professional educators and students. Education Minnesota's members include teachers and education support professionals in Minnesota's public school districts, faculty members at Minnesota's community and technical colleges and University of Minnesota campuses in Duluth and Crookston, retired educators and student teachers. Education Minnesota is affiliated with the American Federation of Teachers, National Education Association and AFL-CIO.