Minnesota Department of Education (MDE) Commissioner Willie Jett is pushing back on a U.S. Department of Education request to certify that no local school districts use “illegal” diversity, equity, and inclusion (DEI) practices, per a letter dated April 7, 2025.
On April 3, the Department of Education, under the Trump administration, required state education agencies (SEA) to confirm within 10 days that they don’t use DEI practices that favor one race over another, citing Title VI of the Civil Rights Act of 1964 and the 2023 Students for Fair Admissions v. Harvard (SFFA) ruling.
“No student should be denied opportunities or treated differently because of his or her race. We hope all State and Local Education Agencies agree and certify their compliance,” Acting Assistant Secretary for Civil Rights Craig Trainor said in a press release at the time.
SEAs were asked to report statewide compliance and collect local education agency (LEA) certifications in 10 days, or risk funding cuts.
“Given the text of Title VI and the assurances you have already given, any violation of Title VI—including the use of Diversity, Equity, & Inclusion (‘DEI’) programs to advantage one’s race over another—is impermissible. The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences,” the federal Department of Education said.
Commissioner Jett responded to this request in a letter to the federal agency, explaining that “MDE has been faithfully implementing federal education programs in accordance with federal law.”
“Because this certification is an attempt to prescribe and enforce a nationwide legislative rule regarding ‘certain’ undefined diversity, equity, and inclusion ‘practices’ under the auspices of Title VI, it is improper without notice and comment rulemaking,” he wrote.
Although Jett said MDE “has long followed federal law in implementing federal programs,” he argued that there is “nothing unlawful in the principles underlying programs that promote diversity, equity, and inclusion.”
“It is unclear which specific programs or activities ED seeks to regulate by this certification. Although the letter references ‘certain DEI practices’ or ‘illegal DEI,’ it does not define it, and there are no federal or applicable state statutes prohibiting diversity, equity, or inclusion,” he said.
“To the extent that ED has identified specific activities related to diversity, equity, and inclusion that it believes violate Title VI, we request advisement of them,” Jett continued.
He added that “threats to this funding without backing in law or established requirements put key programs at risk that students and schools depend on every day.”
Jett also pushed back on the LEA reporting requirement, saying, “We are unaware of any legal authority permitting ED to require” it.
“As noted at the outset, MDE has already provided the requisite guarantee that it has and will comply with Title VI and its implementing regulation, and that includes our assurance that we do and will comply with Supreme Court cases interpreting the same,” he wrote. “We submit this letter to serve as our response to this specific request.”
Symone Harms
Symone Harms is a Media Production and Business Marketing student at Bethel University. She is actively involved in The Royals Investment Fund, The 25, theatre, and other leadership positions. She also cohosts Rooted, a podcast dedicated to being rooted in truth, growing in freedom, and prospering in life. A Minnesota native with a passion for storytelling and digital media, she aspires to a career in broadcasting as a news anchor and reporter.
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