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The New York state Department of Education rejected the Trump Administration’s demand to scrap its diversity, equity and inclusion policies in public schools — despite threats to pull federal funding if it doesn’t comply.

States had 10 days to sign a letter agreeing to comply with the order from the US Department of Education, which said “federal financial assistance is a privilege, not a right.”

But the Empire State is saying no dice.

Schools in the Empire State get $2.2 billion annually in federal funds, which amounts to 5% of the budget. Christopher Sadowski

“There are no federal or state laws prohibiting the principles of DEI,” Daniel Morton-Bentley, attorney for New York’s Department of Education, wrote Friday in a 3-page letter obtained by The Post. 

New York was “unaware” of any authority the feds had to demand states agree to its interpretation of a judicial decision on affirmative action from the US Supreme Court, Morton-Bentley added, or to ax funding without a formal administrative process.

He said the court’s ruling – which makes considering race as a factor in college admissions unlawful – “does not have the totemic significance that you have assigned to it.”

The Trump administration gave schools 10 days to sign a letter certifying they’ll scrap DEI policies. AFP via Getty Images
New York said it won’t sign the Trump administration’s letter agreeing to end DEI in schools. Stefano Giovannini

The Trump administration meanwhile has accused schools of using DEI programs “to discriminate against one group of Americans to favor another.” 

The DOE put schools on notice in February – sending a letter telling them to stop using race as a factor in their admissions, hiring, promotions, scholarships and prizes and other programs and activities.

In the 2025 fiscal year, New York City schools received $2.2 billion, or 5% of their budget, from federal funding, according to state data.

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