Haley Bull of Scripps News reported yesterday that Trump sent out an order to all 50 states warning that the federal government would cut off funding to any school that teaches about “diversity, equity or inclusion.”

She wrote:

The Department of Education is warning state education agencies they may lose federal funding if they do not remove DEI policies and programs to comply with the department’s interpretation of federal law.

A letter from the Department of Education Office for Civil Rights was sent to the departments of education in all 50 states, according to the Department of Government Efficiency.

“Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding,” acting assistant secretary for civil rights Craig Trainor writes in the letter. The message warns that “the department will vigorously enforce the law” to schools and state educational agencies receiving funding and that it will start taking measures “to assess compliance” in no more than 14 days.

The letter argues that a Supreme Court decision in Students for Fair Admissions v. Harvard, which found that affirmative action in the university’s admission process violated the equal protection clause of the Fourteenth Amendment, should apply more broadly. 

“The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent,” the letter states.

This letter fails to mention that since 1970, the U.S. Department of Education has been subject to a law that states clearly that no officer of the federal government may interfere with what schools teaching.

The law states: “No provision of any applicable program shall be construed to authorize any department, agency, officer, employee, of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, [or] administration…of any educational institution…or over the selection of library resources, textbooks, or other printed or published instructional materials.

The law is P.L. 103-33, General Education Provisions Act, section 432.

These zealots are trying to turn teaching about civil rights, about Black history, and about LGBT people into a criminal act.

They are wrong. Reality exists no matter what they ban and censor.

They are violating the law, and they must be stopped.

They must be sued by the ACLU, the NAACP, and every other legal organization that defends the rule of law.