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Pennsylvania’s deputy education chief said Wednesday the state is already in compliance with civil rights laws and is signaling the state will not order schools to eliminate diversity, equity, and inclusion initiatives, as President Trump’s administration has demanded.
U.S. Department of Education officials last week directed state education commissioners to certify they have eliminated DEI programs, which the administration considers illegal. Without that certification, states would lose federal funding — specifically Title I funds designated for high-poverty districts including Philadelphia.
Pennsylvania’s Executive Deputy Secretary of Education Angela Fitterer wrote in a letter Wednesday that the state Department of Education “certifies that it has and will continue to comply with Title VI of the Civil Rights Act of 1964,” which bars discrimination based on race, national origin, or shared ancestry in programs that receive federal funding. Fitterer also wrote that the department has “confirmed that it adheres to all applicable laws providing for equal access and participation to all persons.”
The letter “affirms” that all of Pennsylvania’s school districts “have previously certified, on multiple occasions, that they comply and will continue to comply with Title VI.”
Fitterer’s letter is not as forceful a refusal to comply as neighboring New York issued last Friday, but it does signal that Pennsylvania will not be instructing schools and districts to end DEI programs as the Trump administration required.
Meanwhile, the Indiana Department of Education said Wednesday it will abide by the Trump administration directive and intends to collect signed forms from schools and districts certifying that they do not use or promote DEI.
The U.S. DOE’s order has drawn a line in the sand for local education agencies: Bow to the Trump administration’s efforts to strike all programs concerning racism and inequity in schools, or risk losing a massive chunk of federal funding. When he took office, Trump signed an executive order threatening to withhold federal funding from schools that he said were promoting “discriminatory equity ideology.”
In an accompanying letter to school districts on Wednesday, Pennsylvania’s Acting Secretary of Education Carrie Rowe told district leaders “no further action is required” by them at this time because the Trump administration did not define what would be considered “illegal DEI.”
Rowe wrote, “there are no federal or state laws generally prohibiting efforts relating to diversity, equity, or inclusion” and the U.S. Department of Education lacks sufficient authority to change grant terms without a formal administrative process.
“As an agency with delegated authority,” Rowe said that the Education Department “cannot make improvisatory changes to legal assurances and impose new requirements on recipients without adhering to rulemaking procedures, nor can it alter substantive federal law by administrative fiat.”
Illinois’ school chief similarly pushed back against the order on the same grounds Wednesday, challenging the Trump administration to outline which programs and activities violate federal civil rights law.
Federal education aid accounts for about 10% of the Philly school district’s budget of more than $4.5 billion. Diversity, equity, and antiracism are cornerstone issues for the district — they are woven throughout Superintendent Tony Watlington’s five-year strategic plan and are embedded in the district’s curriculum and professional development strategies.
A decade ago, Philadelphia became the first major city in the country to mandate that all students take an African American history course to fulfill graduation requirements. Nearly half of the district’s enrolled students (49%) are Black.
Spokespeople for the School District of Philadelphia and the Board of Education did not immediately respond Wednesday to requests for comment about the state’s letter.
“At PDE, we are focused on supporting Pennsylvania schools and ensuring that all Pennsylvania learners have the freedom to chart their own course and the opportunity to succeed,” said Erin James, a spokesperson for the Pennsylvania Department of Education in a statement Wednesday. “Regardless of changes taking place at the federal level, the [Gov. Josh] Shapiro Administration will continue to do everything in our power to support Pennsylvania learners, educators, and schools.”
Dan Urevick-Ackelsberg, senior attorney at the Public Interest Law Center, said Wednesday “the right to an education free from discrimination does not owe its power to an election, but rather to legislation and the state and federal constitutions.”
He added “tomorrow, like yesterday, Pennsylvania schools will open their doors to serve, nurture, and challenge every child from every background. What PDE is relaying, in understated terms, is that no fiat can change that profound responsibility and opportunity.”
Update: This story has been updated to include information from a letter sent to Pennsylvania school districts and a similar letter issued by the Illinois state superintendent.
Carly Sitrin is the bureau chief for Chalkbeat Philadelphia. Contact Carly at csitrin@chalkbeat.org.
