KY public schools scramble as Trump threatens to yank federal funds if DEI is not scrapped
Kentucky school districts are scrambling to figure out how to deal with a new Trump administration directive to ax diversity, equity and inclusion programs or lose federal funding.
In a Feb. 21 memo, the U.S. Department of Education gave an ultimatum to public schools and universities to stop using “racial preferences” as a factor in admissions, financial aid, hiring or other areas, the AP reported.
Schools were given 14 days to end any practice that treats students or workers differently because of their race, according to the memo.
But there is confusion on what the directive means in K-12 public education.
Moreover, there have been legal challenges to some of President Donald Trump’s administration’s efforts to stymie all diversity, equity and inclusion programs tied to federal dollars.
On Friday, a Baltimore federal judge issued a temporary injunction blocking the administration from ending some government contracts that it deemed were diversity and equity programs.
Kentucky Department of Education Commissioner Robbie Fletcher, in his weekly message to school districts, said there are federal regulations that dictate how federal funding can be revoked. That’s a lengthy process and can not be done through a letter, he said.
“For example, USED may not suspend, terminate or refuse to grant or continue federal financial assistance until it has provided the recipient with notice of alleged noncompliance, attempted to secure compliance through voluntary means, provided an opportunity for a hearing, made an express finding of noncompliance on the record, filed a written report with Congress and waited 30 days after filing the report,” Fletcher said.
In other words, it would not be possible for federal education officials to terminate funding in 14 days, he said.
Fletcher said the Kentucky Department of Education Office of Legal Services is available to help school districts if they have questions.
“Finally we want to take this opportunity to reinforce our commitment to fairness in all Kentucky schools,” Fletcher said. “Education is about opening doors, not closing them. Every decision we make — whether about discipline, curriculum, hiring or resource allocation — should be grounded in equal opportunity, fairness and the best interests of students,” Fletcher wrote.
School districts reviewing DEI programs
Fayette County Public Schools officials said they were reviewing its programs but stopped short of saying they were going to nix or change its Office of Unity, Belonging and Student Efficiency.
“Like other school districts across the country, we’re actively reviewing all guidance to understand its potential impact on our work and support of students,” said Dr. Soraya Matthews, chief of the Office of Unity, Belonging and Student Efficiency.
“Our approach involves a careful, collaborative review—with input from legal experts, educators and community stakeholders—to ensure that if any modifications are needed, that they not only comply with federal requirements but also align with our longstanding commitment to excellence in education.”
Fayette County Public Schools student body of about 40,000 students is diverse: 44.9% of its students are white, 23.4% are Black and 19.8% are Latino, according to school statistics. The remaining students are Asian American and other ethnic or racial groups.
It is the second largest district in the state, trailing only Jefferson County Public Schools in Louisville. More than 90 languages are spoken by students in the Lexington district, according to school statistics.
Jefferson County Public Schools, the largest in the state, also gave few details on how it would address the federal directive. It is a majority-minority school district: 36.8% of its 97,000-student body is white, 37% is Black and 15% is Latino. An estimated 139 languages are spoken in the district, according to the district’s website.
It has a division of Diversity, Equity and Poverty.
“We are reviewing the memo from the Education Department” said Mark Hebert, a spokesman for the Jefferson district.
Boone County Public School District is the third-largest in the state with 20,000 students. It is predominately white school district 72.3 % of its students are white. Unlike Jefferson and Fayette school systems, it does not have a separate office tasked with diversity initiatives.
“We are reviewing it with our legal counsel and will make changes as required within the timeline set forth in the letter,” said Barbara Brady, a spokeswoman for Boone County Public Schools.
Lexington, UK move to undo DEI offices
Other local and state institutions have done away with offices tasked with diversity initiatives as Republican-led attacks on DEI in state and federal government mount. For example, the city of Lexington recently moved its diversity, equity and inclusion officer to human resources.
The University of Kentucky and Northern Kentucky University also voluntarily disbanded their DEI offices after the Kentucky General Assembly made moves to ban DEI in higher education in 2024.
Those bills, which failed to pass last year, have been refiled in the current legislative session.
Senate Bill 164, filed Feb. 14 by Sen. Lindsey Tichenor, R-Smithfield, would block all levels of government from “providing preferential treatment” to individuals or groups based on race, sex, color, or national origin.
It would also prohibit state and local government agencies from “requiring or incentivizing” a person to attend a DEI training, or from allocating resources to “establish or maintain diversity, equity and inclusion offices.”
The bill has been assigned to the Senate State and Local Government Committee.
This story was originally published February 25, 2025 at 2:06 PM.
