Oregon Department of Education defies Trump funding ultimatum over DEI initiatives

PORTLAND, Ore. (KGW) — The Oregon Department of Education said Wednesday that it refuses to jettison diversity, equity and inclusion efforts in public schools, despite threats from the Trump administration that it will withhold federal funding.

Governor Tina Kotek said in a statement that she'd directed ODE to "hold the line" and defend the resources that were promised to Oregon students and paid for by taxpayers in the state.

“Since the start of the new federal administration, I promised Oregonians that I would not back down from a fight when it comes to safeguarding Oregon values," Kotek said. "Making sure every child has the opportunity to meet their future promise with a strong public education is one of the most fundamental responsibilities of government and one of my top priorities as Governor."

In March, President Donald Trump issued an executive order directed at the U.S. Department of Education and containing an inherent internal tension. First, the order directed Education Secretary Linda McMahon to begin shutting down her agency and "return education authority to the States," and second, it ordered that any programs receiving federal funds not "advance DEI or gender ideology."

Executive orders are not the same as laws, but instead instruct agencies on the interpretation and execution of laws and court decisions.

In an April 3 letter shared Wednesday by Kotek, the U.S. Department of Education directed ODE to certify that it was in compliance with Title VI of the Civil Rights Act of 1964, or at least the Trump administration's interpretation of that law.

Title IV "prohibits discrimination on the basis of race, color or national origin," which the Trump administration has interpreted to be broadly in conflict with DEI policies, alleging that they amount to racial discrimination.

The letter then threatens the termination of grants and potential "litigation for breach of contract" for the "continued use of illegal DEI practices."

In its April 10 letter of response, ODE said that it had recently certified its compliance with Title IV, having done so in 2023 — under the Biden administration — with that certification remaining in effect. Further requests for certification would be "duplicative, unnecessary, and unduly burdensome," the letter states.

"Oregon has implemented and continues to implement education programs in accordance with state and federal law," ODE said. "Oregon remains fiercely committed to its values of diversity, equity and inclusion, and we celebrate our differences and common humanity. Our moral and ethical obligation is to stand up for public education."

ODE argued that the Department of Education's request seeks to change the conditions of federal funding without formal administrative procedures. The state agency also pointed out the Trump administration's failure in its letter to actually define what constitutes "illegal DEI," pointing out that those terms and concepts are not prohibited under state or federal law.

"As noted at the outset, ODE has already provided the requisite guarantee that it has and will comply with Title VI and its implementing regulation," the agency concluded. "Those certifications include our assurance that we do and will comply with Supreme Court cases interpreting the same. Please let this letter serve as our response to this specific request."

In a statement, a group of 10 Oregon school districts and the Coalition of Oregon School Administrators thanked Kotek and other state officials for answering their call for a "decisive, courageous, and clarifying response to the April 3 demand."

"The April 3 letter attempted to use nearly 1.5 billion dollars of federal funding for Oregon’s students as leverage for compliance with new federal requirements," a spokesperson said. "This demand was a test of Oregon’s commitment to our values and our expectations for a good government. (The) response modeled the leadership we need and made us proud to be public education leaders in Oregon."

For months now, the Trump administration has been wielding the threat of withholding federal funds in order to achieve policy goals at public schools and universities, and even some private schools. At the university level, the administration has targeted outspoken international students for deportation, and pulled funds from Oregon and California universities for "subsidizing illegal immigrants."

Among dozens of other educational institutions across the country, Portland State University has been placed under investigation for alleged "antisemitic discrimination and harassment," the University of Oregon is under investigation for alleged violations of anti-DEI policies, and Portland Public Schools is under investigation for allowing a transgender student to compete in girls' sports.