Michael C. Bender reports in The New York Times that the Trump administration is threatening to cancel funding from schools that refuse to eliminate programs or courses that teach DEI. The administration has turned civil rights enforcement upside down and inside out. For decades, civil rights law meant protection of racial minorities and women, who were often targets of discrimination, exclusion, or unfair treatment. This administration worries most about the rights of white students.

Secretary of Education Linda McMahon clearly doesn’t know that federal law prohibits any federal official from interfering with or trying to influence curriculum.

“20 USC 1232a: Prohibition against Federal control of education. Text contains those laws in effect on April 2, 2025

§1232a. Prohibition against Federal control of education

No provision of any applicable program shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance.

What Secretary McMahon proposes is illegal.

Bender writes:

The Trump administration threatened on Thursday to withhold federal funding from public schools unless state education officials verified the elimination of all programs that it said unfairly promoted diversity, equity and inclusion.

In a memo sent to top public education officials across the country, the Education Department said that funding for schools with high percentages of low-income students, known as Title I funding, was at risk pending compliance with the administration’s directive.

The memo included a certification letter that state and local school officials must sign and return to the department within 10 days, even as the administration has struggled to define which programs would violate its interpretation of civil rights laws. The move is the latest in a series of Education Department directives aimed at carrying out President Trump’s political agenda in the nation’s schools.

At her confirmation hearing in February, Education Secretary Linda McMahon said schools should be allowed to celebrate the Rev. Dr. Martin Luther King Jr. But she was more circumspect when asked whether classes that focused on Black history ran afoul of Mr. Trump’s agenda and should be banned.

“I’m not quite certain,” Ms. McMahon said, “and I’d like to look into it further.”

More recently, the Education Department said that an “assessment of school policies and programs depends on the facts and circumstances of each case.”

Programs aimed at recognizing historical events and contributions and promoting awareness would not violate the law “so long as they do not engage in racial exclusion or discrimination,” the department wrote.

“However, schools must consider whether any school programming discourages members of all races from attending, either by excluding or discouraging students of a particular race or races, or by creating hostile environments based on race for students who do participate,” the Education Department said.

It also noted that the Justice Department could sue for breach of contract if it found that federal funds were spent while violating civil rights laws.

The federal government accounts for about 8 percent of local school funding, but the amounts vary widely. In Mississippi, for example, about 23 percent of school funding comes from federal sources, while just 7 percent of school funding in New York comes from Washington, according to the Pew Research Center.

“Federal financial assistance is a privilege, not a right,” Craig Trainor, the acting assistant education secretary for civil rights, said in a statement. “When state education commissioners accept federal funds, they agree to abide by federal anti-discrimination requirements.”