The Indiana Department of Education says it will comply with a directive from the Trump administration that states must certify their schools aren’t using DEI or lose federal funding. Photo from Unsplash.

By MJ Slaby
Chalkbeat Indiana

INDIANAPOLIS — The Indiana Department of Education will comply with a federal order to remove diversity, equity, and inclusion from schools, saying it will collect signed forms from schools and districts saying they will abide by the Trump administration directive.

The department “fully intends to sign the certification,” said department spokesperson Courtney Crown in a Wednesday, April 9 email to Chalkbeat.

Indiana’s move comes in response to the U.S. Department of Education April 3 announcement that states will have to certify schools are in compliance with the administration’s controversial interpretations of civil rights law. States that don’t agree to this certification will not receive federal funding, the department said.

Federal funding represents about 10% of all K-12 funding nationwide but makes up a larger share of local budgets in high-poverty districts.

By certifying that their schools do not use or promote DEI, state education officials would be promising that all of their school districts are in compliance. They would also be acknowledging that they could be liable for fraud under the False Claims Act if they request federal funds and are later found to be in violation of the law.

Trump has moved aggressively to root out DEI from the federal government and other institutions. In January, he signed an executive order seeking to withhold federal funding from schools that he said were promoting “discriminatory equity ideology.” The president and his allies say DEI amounts to unlawful and harmful discrimination, but critics allege Trump’s attacks unfairly malign diversity programs that help students.

Initially, federal officials gave state education departments 10 days to certify, but the Trump Education Department has extended that deadline to Thursday, April 24. A national teachers union is asking the courts to block enforcement of the federal department’s directive.

Crown noted that signing the certification in response to the federal directive aligns with Gov. Mike Braun’s Jan. 14 executive order, in which he replaced “DEI in government with MEI.” The latter indicates merit, excellence, and innovation.

Both the federal education department and Braun say their respective directives aim to enforce compliance with Title VI, a provision of federal civil rights law that bars discrimination on the basis of race or shared ancestry, and the June 2023 Supreme Court of the U.S. ruling in Students for Fair Admissions v. Harvard.

The court ruled that race-conscious admissions were unconstitutional, however universities could consider an applicant’s discussion of how race impacted their life. The Trump administration however, interprets the ruling to mean many common diversity practices represent illegal discrimination. As a result, programs to mentor teachers of color or efforts to reduce racial disparities in school discipline could face increased scrutiny.

And Braun’s executive order says that “state funds, property, or resources” can’t be used to support DEI positions, departments or activities if they grant preferential treatment based on “race, color, ethnicity, or national origin.” The state also won’t support requiring training and programming that does the same, and there can be no mandates to disclose pronouns.

The order also closed the state’s Office of Equity, Inclusion and Opportunity.

Per the order, executive state agencies will review DEI positions, departments, activities, procedures and programs to make sure they are in compliance with the Supreme Court Decision by Wednesday, April 30, with a report to the governor and legislative council due Tuesday, July 1.

At the same time, a Senate bill aiming to address “unlawful discrimination” is moving through the Indiana Statehouse.

The first version of the bill was more sweeping and aimed to close DEI programs, but a version that advanced out of committee on Monday, April 7 now focuses on preventing discrimination by not allowing actions, such as enrollment and hiring, based on someone’s personal characteristics. It also includes civil penalties for violations.

Lawmakers said the bill was an effort to codify executive orders from Trump and Braun, as well as the Supreme Court decision on admissions.

The bill now goes to the Indiana House. Bills must pass out of the opposite chamber by Tuesday, April 15, and lawmakers must adjourn the legislative session by Tuesday, April 29.

Chalkbeat national editor Erica Meltzer contributed reporting.