Dive Brief:
- The Trump administration is taking another stab at banning diversity, equity, inclusion and accessibility programs at schools and elsewhere, with a proposal that would require all federal funding recipients to certify that they do not have such initiatives.
- The certification would cover programs the Trump administration calls "discriminatory practices," such as race-based scholarships or programs, "cultural competence" requirements, and "overcoming obstacles" narratives or "diversity statements." Training programs that "create a hostile environment" would likewise be prohibited for entities that get federal funding.
- The proposal, which comes from the General Services Administration, would also require federal funding recipients to certify that they are not knowingly hiring or recruiting undocumented staff — in a nod to the administration's crackdown on illegal immigration.
Dive Insight:
The move continues the administration's anti-DEI push, which hit a roadblock in the education sector when federal courts last year blocked the U.S. Department of Education from implementing a similar measure.
However, in February, the Trump administration also scored a legal victory in its anti-DEI efforts, when the 4th U.S. Circuit Court of Appeals undid a temporary pause against three major provisions in two executive orders aimed at eliminating DEI practices in education and other sectors.
GSA, which posted the proposed requirement earlier this year, estimates it would impact 222,760 entities receiving federal funds. The independent government agency is tasked with supporting other federal agencies by managing federal property and providing contracting options to them.
Its proposal is similar to a directive issued via a Dear Colleague letter by the Education Department last year specifically for its funding recipients.
The agency followed up its Feb. 14, 2025, letter with a requirement that school districts certify that they did not incorporate DEI into their schools. Those that didn’t eliminate race-based programming would also risk losing federal funding.
That letter and certification created confusion over what kind of school programs would be impacted. For instance, would race-aligned student affinity groups, race- and ethnicity-based celebrations, race-based practices in school admissions such as for school choice programs, and diversity-related workforce hiring and promotion decisions be affected?
However, multiple federal judges blocked the move, and the Education Department ultimately dropped its appeal in one such case in January — signaling it was no longer attempting to enforce the Dear Colleague letter and subsequent certification requirement.
Nonetheless, in a Jan. 28 statement to K-12 Dive, the department said it would implement civil rights laws in a manner consistent with the interpretation contained within that directive "with or without" the Dear Colleague letter.
The GSA proposal rests on Title VI, the same civil rights law used by the Education Department to promote its anti-DEI policies. Historically, Title VI has been invoked to protect underserved students. However, since President Donald Trump reentered the White House last year, the administration has invoked the civil rights statute to protect Asian and White students.
GSA will accept public comments on the proposal through March 30.
