On April 25, Nevada Attorney General Aaron D. Ford, along with 18 other attorneys general, filed a lawsuit against the U.S. Department of Education (DOE). The legal action challenges the DOE’s decision to withhold federal funding from state and local agencies that do not comply with new interpretations of Title VI of the Civil Rights Act of 1964 regarding diversity, equity, and inclusion in K-12 education.
Earlier in April, the DOE informed agencies they must adhere to these new interpretations or face losing federal education funds. Nevada refused compliance due to what it described as vague and unsupported interpretations by the department. AG Ford stated that complying would expose Nevada to litigation and dismantle protective programs for children.
Ford emphasized: “The Trump administration is attempting to deny federal funding for our children’s education if we do not comply with a legally incomprehensible order to destroy the programs that protect those children from discrimination.”
Nevada receives nearly $1 billion annually from the DOE for various educational needs, including support for low-income students and special education services. Traditionally, Nevada has certified its compliance with Title VI requirements prohibiting discrimination based on race, color, or national origin.
The recent DOE directive requires states to certify non-operation of programs inconsistent with its view on diversity efforts. This left states choosing between risking federal funds or eliminating lawful diversity initiatives.
Nevada reaffirmed its commitment to prior certifications under Title VI but rejected the new certification demands as unlawful.
The lawsuit claims that the DOE’s actions violate several constitutional provisions and acts including the Spending Clause and Administrative Procedures Act. The coalition includes attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island Vermont Washington Wisconsin.
