Washington challenges federal order restricting K-12 funds for ‘illegal DEI practices’

Washington has joined 18 other states to challenge a directive by the Trump administration that warned state education agencies could lose funding if they have diversity, equity and inclusion programs.

The lawsuit was filed Friday in a federal court in Massachusetts.

In an April 3 letter, the Department of Education gave education officials across the country 10 days to affirm they are not using diversity, equity and inclusion programs to favor any one race above another. In a statement announcing the letter, acting Assistant Secretary for Civil Rights Craig Trainor said, “Federal financial assistance is a privilege, not a right.”

“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” Trainor said.

The letter cites the 2023 U.S. Supreme Court case Students for Fair Admissions V. Harvard as the basis for the department’s request. The decision struck down affirmative action, determining universities that collect federal funding can’t use race as a factor in admissions.

At least two federal judges have blocked the order from taking effect.

“A complete education depends on students learning in a safe and inclusive environment,” Washington Attorney General Nick Brown said in a statement Friday. “Washington state’s policies put students first, and I will not let the Trump administration roll that back.”

According to the Washington State Attorney General’s Office, the federal government provides the state with $1.4 billion a year through congressionally appropriated funds for various programs.

The lawsuit alleges the directive violates the Spending Clause, the Appropriations Clause, the Administrative Procedures Act and the separation of powers.

According to the Attorney General’s Office, states could still face “liability for failing to fully comply with the vague and ill-defined federal order” even if they signed it.

Following the letter, Chris Reykdal, the state superintendent of public instruction, told the 295 school districts in Washington not to take action, saying the office is working to “understand the legality of the directive and our next steps,” which echoed his past guidance that school districts shouldn’t comply with federal directives that contradict state law.

“It is (the Office of the Superintendent of Public Instruction’s) position that Washington (local education agencies), in alignment with our state and federal laws, are already in compliance with Title VI. OSPI has previously submitted the required assurances that our state will comply with federal law,” Reykdal wrote in an email to school districts.

In February, the federal department issued a “Dear colleague” letter to schools that they should cut DEI programs or risk federal funds, which Reykdal told Washington schools to ignore.

Friday’s lawsuit is at least the 12th Washington has filed against the Trump administration.