For generations the federal government enforced civil‑rights laws to fix historic, systematic discrimination against Black people and other people of color. The Justice Department pushed schools to desegregate, while the Education Department promoted equal opportunity and held schools accountable for racial bias.
Under the Trump administration, those same efforts are being portrayed as unlawful “DEI”—diversity, equity and inclusion—programs. The White House now threatens funding for schools that do not comply, and in some cases has already cut federal grants.
“It’s literally flipping the purpose of civil‑rights law on its head, not just harming Black students,” said Michael Pillera, director of educational equity issues at the Lawyers’ Committee for Civil Rights Under Law. “It’s unmoored from the actual history of our country and untethered to the reality of life in this country.”
The Education Department’s 2024 statement reiterated that programs receiving federal funding must follow the law, which prohibits discrimination based on race. “Serving student needs and following the law are not irreconcilable mandates,” said spokesperson Amelia Joy.
Previously, the Trump administration investigated Chicago Public Schools and withheld more than $20 million when the district refused to end its Black Student Success Program (BSSP), a program designed to give Black students enhanced access to advanced coursework and to reduce disciplinary disparities. In La‑Guardia, the Justice Department’s nosy oversight has led to the removal of federal money from magnet schools that were created to increase diversity.
In Los Angeles, the Black Student Achievement Plan (BSAP) has faced pressure from a conservative group after the district changed its allocation formula to ignore Black enrollment and focus solely on low test scores and high absenteeism. When Defending Education filed a complaint again in 2024, the Office for Civil Rights launched an investigation into the district. LAUSD officials say the program is compliant with all state and federal laws and remains open to all students.
Programs like the LA unified School District’s Predominantly Hispanic, Black, Asian or Other Non‑Anglo (PHBAO) designation, which offers smaller classes and extra parent‑teacher meetings when most students are people of color, are also under scrutiny. A lawsuit filed by the 1776 Project Foundation and later joined by the Justice Department claims the designation amounts to discrimination against white students. An assistant U.S. attorney said in a news release that the desegregation program is “unconstitutional.”
Defenders of the programs point out that report from LA schools in recent years shows Black students outperforming statewide averages on state tests, and that educators argue that equipping teachers with skills to help low‑performing students benefits the entire student body.
Legal experts warn that these moves threaten to reverse decades of progress. “If the public school system abandons these targeted equity programs, the gaps for Black children will simply widen,” said Christian Flagg, director of youth organizing at Community Coalition.
Meanwhile, the Justice Department has released several districts from court‑ordered desegregation plans dating back to the Civil Rights Movement, labeling them as “outdated and burdensome.” The department has also stripped funding from districts that used magnet schools to create more diverse learning environments. These actions are tied to the administration’s broad interpretation of the Supreme Court’s ruling on affirmative action, which has been used to lift restrictions on race‑based considerations in admissions and now is applied to K‑12 schools.
Despite a federal court striking down the Trump guidance in late 2024, critics say schools may preemptively end equity programs out of fear of further scrutiny.
As the federal government rolls back reforms that address racial inequity in schools, advocates warn that the country is turning back to the era of systemic discrimination it sought to eradicate decades ago.
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