With millions of dollars in federal funding on the line, all but two Kentucky school districts signed a pledge with the U.S. Department of Education agreeing not to use "illegal DEI practices."
The state's largest school districts, Jefferson County Public Schools and Fayette County Public Schools, were the only school systems not to sign the document.
The Kentucky Center for Investigative Reporting obtained the signed letters through the Kentucky Open Records Act.
The Kentucky Department of Education and 170 school districts signed the letter by the Trump administration's April 18 deadline. The letter assures the U.S. Department of Education that schools are meeting their obligations under the Trump administration's interpretation of Title VI of the Civil Rights Act of 1964 and a U.S. Supreme Court ruling in Students For Fair Admissions (SFFA) v. Harvard.
"Any violation of Title VI — including the use of Diversity, Equity, & Inclusion ("DEI") programs to advantage one's race over another — is impermissible," the letter reads.
Trump and his supporters have made race- and gender-conscious initiatives in schools and workplaces a target since the lead up to the 2020 presidential election, arguing that such practices discriminate against white and Asian people and lead to division. Supporters of DEI argue their initiatives are meant to ensure institutions welcome people of diverse backgrounds and promote awareness of unconscious biases.
Now in office, Trump is using his executive power to attempt to root out DEI from K-12 schools and universities through a flurry of orders, memos and directives. The administration is leaning on a broad interpretation of SFFA v. Harvard, which decided that Harvard University and the University of North Carolina could not consider prospective students' race in admissions.
"Although SFFA addressed admissions decisions, the Supreme Court's holding applies more broadly," a February guidance memo reads from the U.S. Department of Education. "At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person's race, the educational institution violates the law."
By signing the April letter, Kentucky school districts and the state acknowledged that failure to comply with the administration's interpretation of Title VI and SFFA v. Harvard could prompt the U.S. Department of Education to withhold federal funding.
All told, Kentucky schools received more than $2 billion last school year from the federal government, according to data from the Kentucky Department of Education. Much of that funding goes to providing meals, teachers and educational resources for low-income students and students with disabilities.
The federal directive does not define illegal DEI, except to say that such programs advantage one race over another. U.S. District Court Judge Landya McCafferty cited the lack of clarity in her order last week blocking any move to follow through threats to cut federal funding from K-12 schools over DEI practices.
In the same week, two other federal judges also postponed implementation of anti-DEI enforcement by the Trump administration while lawsuits from teachers' unions, civil rights groups and others play out.
Kentucky Education Commissioner Robbie Fletcher signed the directive earlier this month on behalf of the Kentucky Department of Education, though in a letter to district superintendents he said the document was "not without issues."
A KDE spokesperson said the state did "not end any programs due to receiving the letter."
Meanwhile education leaders in 22 states have refused to sign the document and 19 states filed a lawsuit challenging the directive.
Fletcher told school districts KDE would not propose any enforcement action to the federal government if districts chose not to sign it.
'With great disgust'
Rather than sign the U.S. Department of Education letter, JCPS Superintendent Marty Pollio sent his own letter to the Jefferson County Board of Education, assuring the board that the district "complies with and will continue to comply with state and federal law relating to nondiscrimination."
Asked for comment, a district spokesperson said the letter speaks for itself.
FCPS and its board also declined to sign the U.S. Department of Education letter.
In a joint statement to KyCIR, FCPS Superintendent Demetrus Liggins and Fayette County Board of Education Chair Tyler Murphy said they would "continue to support and defend the programs that help our students—all of our students—reach their full potential. That is a commitment that has not and will not change."
FCPS high school student Maggie Donworth said she's glad her school board didn't sign the directive. Donworth, who attends Tates Creek High School and is the daughter of Democratic House Rep. Anne Gay Donworth, said she thinks DEI is important.
"It's just like making sure that everybody from different minorities and like, all different backgrounds, are able to be given the same opportunities," she said.
Donworth said that means schools teach to different learning styles, accommodate non-native English speakers, and provide courses that explore a variety of languages and cultures.
She worried that the anti-DEI directives could make some teachers afraid to teach parts of history that involve discussions of race and racism, such as the Civil Rights Movement.
"I think that that is a major issue, because if they're not allowed to—or if they feel like they're not allowed to—it could turn into an issue where kids aren't being taught the full story, and that can turn into a huge issue in the long run," she said.
Aside from JCPS and FCPS, the only other Kentucky district to push back was Hardin County Schools, where superintendent Teresa Morgan signed the letter but added an addendum.
"It is with great disgust and sadness that I am signing this document," Morgan wrote. "The fact that federal funds would be withheld from our neediest students—simply because of a refusal to sign a document that serves only to further divide our country—is deeply troubling."
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