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Gov. Shapiro says he’s still reviewing federal funding threat to schools over DEI, as other states vow to fight Trump

Federal education officials say they’ll pull funding over diversity initiatives. The governor urged lawmakers to act.

Gov. Josh Shapiro, pictured during a Feb. 22 news conference, said Tuesday his administration was still reviewing a directive from the U.S. Department of Education threatening to stop federal funding to schools unless the state certifies it has no "illegal DEI practices."
Gov. Josh Shapiro, pictured during a Feb. 22 news conference, said Tuesday his administration was still reviewing a directive from the U.S. Department of Education threatening to stop federal funding to schools unless the state certifies it has no "illegal DEI practices."Read moreMatt Rourke / AP

HARRISBURG — Gov. Josh Shapiro said Tuesday he is “very concerned” about the Trump administration’s threats to withhold federal funding from the state’s neediest schools over diversity, equity, and inclusion efforts but stopped short of saying he would fight the directive.

The U.S. Department of Education last Thursday directed states to sign a certification that none of their public schools have “illegal DEI practices” — and threatened to block future federal support if states do not comply.

Shapiro, a Democrat, told reporters Tuesday outside an appearance before the Pennsylvania Farm Bureau that the Pennsylvania Department of Education is still reviewing the directive.

Several Democratic-led states have chosen to defy the Education Department’s directive, or have told districts to ignore it. Leaders in Minnesota and New York said they would not comply with the order, and California and Vermont told districts not to respond, the Associated Press reported.

Meanwhile, other states and territories have submitted their certifications or plan to do so, including Arizona and Virginia, which are preparing their submissions, and Puerto Rico, which Education Secretary Linda McMahon praised for being the first to submit its certification.

» READ MORE: Some Philly-area schools are sticking with DEI, despite Trump’s orders

In a letter sent to state education agencies last week, the department said DEI initiatives are racially discriminatory, citing the Supreme Court’s decision striking down affirmative action in college admissions. It singled out Title I federal funding, which goes to schools that have higher populations of low-income students, as contingent on compliance with antidiscrimination laws.

Shapiro said he is worried that the Trump administration would pull back any funding to Pennsylvania’s 500 school districts, especially for students in Title I schools.

Shapiro put the onus on the state’s congressional delegation to not “go along with cutting funding that impacts each and every one of our school districts.”

When asked about confusion among districts — which are still awaiting guidance from the state on how to approach the directive — the governor said the confusion is caused by the Trump administration.

“At this point, I think a lot of us are seeking clarity on what the Trump administration means by most of the executive orders he signs, which tend to be more about press releases and less about actual legally binding teeth,” he added.

The Pennsylvania Department of Education, which did not respond to questions about the federal directive last week, did not immediately respond to another request for comment Tuesday.

Any potential action could certainly affect Philadelphia, Pennsylvania’s largest school system, which has an office of DEI and has affirmed its commitment to anti-racism as one of the district’s guiding principles.

Superintendent Tony B. Watlington Sr. said Tuesday he has not had any “specific communications” with the state education department “but would imagine we’ll be following up on a position on that in the near future.”

Other area districts with equity initiatives, including Lower Merion and Tredyffrin/Easttown, have said they are awaiting guidance from the state.

The federal Education Department’s letter to states said that “certain DEI practices can violate federal law.”

“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 said.

The letter did not specify which practices would be illegal, though previous communication from the department said schools could not consider race in “admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

The department initially gave state education agencies 10 days to submit the certification that their schools had no illegal practices, but on Monday, it extended the deadline to April 24, the Associated Press reported.

“We’re working through what they’ve asked for, and we’re going through that process right now,” Shapiro told reporters Tuesday. “We’ll get back to you.”

Staff writer Kristen A. Graham contributed to this article.