Gov. Phil Murphy’s (D-NJ) administration is reportedly balking at cutting diversity, equity, and inclusion (DEI) out of public schools per a request from federal authorities, the news coming as President Trump has come down hard on such practices.
The state’s Department of Education recently answered a request from the U.S. Department of Education’s (DOE) Office for Civil Rights after being asked to reaffirm it was complying with the Civil Rights Act and the Supreme Court’s decision in Students for Fair Admissions v. Harvard via a fresh certification, according to Shore News Network.
In his Thursday letter over the matter, the state’s Department of Education Commissioner Kevin Dehmer said his office was unaware of changes in federal law or regulations that meant more certifications were required.
The Network article continued:
The letter asserts that the federal request references “certain DEI practices” or “illegal DEI,” without defining the terms. It also cites federal court rulings that have blocked similar requirements as too vague. One cited case, Chicago Women in Trades v. Trump, questioned the legal clarity of such provisions, stating, “The answer is anything but obvious.”
The NJDOE further argues that the additional certification request deviates from previous federal positions without offering a clear explanation. It cites past U.S. Department of Education statements affirming diversity and inclusion as “key elements for success” and questions the federal government’s authority to require additional assurances under current law.
The state’s department of education claims it has already issued the certifications needed, the Network article stated.
The outlet summarized the dispute by stating it is about whether federal officials can demand more documentation without changing the rules that are already in place, noting the state’s department of education claims it is in compliance but still refuses to offer more certifications.
In February, the U.S. Department of Education’s Office for Civil Rights warned state education departments to remove DEI policies, per Breitbart News.
DOE’s Acting Assistant Secretary for Civil Rights Craig Trainor said in a letter that “Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.”
In April, the Trump administration ordered K-12 schools to certify they had cut DEI policies, the Associated Press (AP) reported.
It is also interesting to note the news about New Jersey comes after U.S. Attorney for the District of New Jersey Alina Habba said the office is investigating Murphy and New Jersey Attorney General Matthew Platkin over instructions not to cooperate with Immigration and Customs Enforcement (ICE) on certain warrants, per Breitbart News.