New York State has told the Trump administration that it will not follow its order to stop diversity, equity, and inclusion (DEI) programs in public schools.

In a letter to the U.S. Department of Education, Daniel Morton-Bentley, a top lawyer at New York’s Education Department, said the federal government does not have the power to make such demands. He also stated that there are no laws — federal or state — that ban DEI programs.

Morton-Bentley explained that New York has already promised to follow civil rights laws, such as Title VI of the Civil Rights Act, which bans discrimination. He said the Trump administration’s request is based on a wrong understanding of the law.

Last week, the Trump administration told all K-12 schools across the U.S. that they must prove they are not using DEI practices in a way that causes discrimination. Schools must sign a document confirming this within 10 days, or risk losing federal funding. In New York, about 6% of school funding comes from the federal government.

Craig Trainor, a federal civil rights official, said that DEI programs have sometimes been used to treat people unfairly, and that federal money comes with rules.

The Trump administration’s demand includes several pages of legal reasons and warns that schools may lose Title I funds — money that supports schools in low-income areas.

But New York argues it has already shown that it follows civil rights laws and sees no reason to sign a new document. Morton-Bentley also pointed out that this demand is a big change from what the first Trump administration said in 2020, when former Education Secretary Betsy DeVos supported DEI as important to good performance.

Critics say the Trump administration’s demand goes against its earlier promises to give more control to states and local schools.

This is not the first time New York has pushed back against federal demands. The state also refused to shut down a program to reduce traffic in Manhattan by charging drivers a fee.