New jersey defies trump order to abolish dei in public schools

TRENTON, NJ — Governor Phil Murphy, who said he’s ready for war with the White House, is now pushing back on a presidential executive order against diversity, equity, and inclusion programs in federally funded public schools.

The New Jersey Department of Education (NJDOE) formally rejected a federal request for additional civil rights certifications tied to diversity, equity, and inclusion (DEI) practices, questioning the U.S. Department of Education’s authority and legal justification for the demand.

In a letter dated Thursday and addressed to the Department’s Office for Civil Rights, NJDOE Commissioner Kevin Dehmer responded to the Department’s April 3 communication titled “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard.”

The NJDOE said it has already provided all necessary certifications under Title VI of the Civil Rights Act of 1964 in its 2017 Elementary and Secondary Education Act (ESEA) Consolidated State Plan and reiterated that those certifications remain valid. “Please let this letter serve as our response to the Request for Certification,” Dehmer wrote.

Dehmer also cited a 2019 federal monitoring review that found no deficiencies in the state’s collection of annual Title VI assurances from local education agencies (LEAs).

State challenges legality, cites federal court ruling

The NJDOE raised legal and procedural concerns over the request. Dehmer stated that the Department’s request “does not appear to be issued in compliance with the Paperwork Reduction Act” and lacks clarity on what constitutes “illegal DEI practices.”

The letter referenced Chicago Women in Trades v. Trump, a recent court ruling that enjoined similar certification requirements, stating that such provisions were too vague. “The Certification Provision puts [Plaintiff] (and other grantees) in a difficult and perhaps impossible position,” the court concluded.

Dehmer further noted that no known state or federal laws prohibit DEI practices, and criticized the perceived shift in federal policy as lacking a “reasoned explanation,” citing Encino Motorcars, LLC v. Navarro and FCC v. Fox Television Stations, Inc. as precedent requiring agencies to justify policy reversals.

Key Points

NJDOE rejected a federal request for new Title VI-related certifications concerning “illegal DEI practices.”
The state asserts it has already certified compliance through its 2017 ESEA plan and annual LEA assurances.
NJDOE cites legal precedent questioning the legitimacy and clarity of such certification demands.

New Jersey’s education chief argued that the state remains in full Title VI compliance — without the need for what it calls unjustified and undefined new federal certification requirements.

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