NORTHERN MICHIGAN – A portion of Michigan’s school funding is at risk due to demands by the federal government to stop programs that promote diversity and inclusion in state classrooms.
On April 3 the Department of Education informed education agencies they must accept the Trump Administration’s new interpretation of Title VI of the Civil Rights Act of 1964 regarding DEI efforts—or risk losing federal education funds.
Michigan, like many states, refused to sign the required certification, citing the Department’s vague and unsupported interpretation of Title VI. In response, Nessel and the coalition filed suit to block the Department from enforcing these conditions.
“That the federal government would strangle our schools and shutter classrooms to achieve their political attacks on DEI programming is appalling,” said Michigan Attorney General Dana Nessel. “Our educational agencies cannot be expected to comply with legally incoherent demands that undercut the 1964 Civil Rights Act, particularly when our schools are not in violation of Title VI and have annually certified compliance with this law.
“Federal educational funds are a significant portion of the funding needed to teach the children of our state, and right now, in the face of these unlawful demands, we’re fighting the Trump administration just to keep special education in our public schools.”
For fiscal year 2024, Michigan was allocated $1.27 billion in congressionally mandated support from the U.S. Department of Education. These funds help ensure students from low-income families access quality education, support special education services, recruit and train teachers, fund English language learning programs, and aid vulnerable children in foster care or without housing.
Michigan has consistently certified its compliance with Title VI, which prohibits discrimination based on race, color, or national origin.
However, the Department’s April 3 letter demanded that state and local agencies certify they are not operating programs inconsistent with the Trump Administration’s view that DEI efforts are unlawful. This forced agencies into a no-win situation: refuse certification and jeopardize funding, or certify compliance and risk violating an undefined and contradictory mandate.
The Michigan Department of Education informed the federal government that it would continue standing by its prior compliance certifications but would not sign the newly issued, unlawful certification.
In their lawsuit, Nessel and the coalition argue that the Department’s actions violate multiple constitutional provisions, including the Spending Clause and Appropriations Clause, as well as the separation of powers and the Administrative Procedures Act.
Attorney General Nessel is joined by attorneys general from California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
