Nevada AG joins lawsuit challenging Trump administration’s DEI directive
Nevada Attorney General Aaron Ford joined a coalition of 19 attorneys general in a lawsuit challenging the U.S. Department of Education over what they allege to be an illegal threat to cut federal funding.
“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,” Ford said in a Monday statement.
The lawsuit, filed in Massachusetts by Ford and other Democratic attorneys general, seeks to block the Department of Education from withholding money based on its April 3 directive ordering states to certify their compliance with civil rights laws, including the rejection of what the federal government calls “illegal DEI practices.”
Earlier this month, the U.S. Department of Education informed state and local agencies that they must accept the Trump administration’s interpretation of Title VI of the Civil Rights Act of 1964 with respect to diversity, equity and inclusion efforts or risk losing federal education funds.
Nevada — among other states — refused to certify its compliance with the Trump administration directive, arguing there is no lawful or practical way to do so because the new interpretation is vague, contradictory and unsupported, according to Ford’s office.
“Complying with these mandates would open Nevada up to litigation and would remove programs intended to protect our children. Neither of these outcomes are acceptable, and, as such, I will see the president in court,” Ford said in the statement.
The White House did not return a request for comment, but President Donald Trump’s education secretary, Linda McMahon, has warned of potential funding cuts if states do not return the certification forms.
In a recent interview on Fox Business Network, McMahon said that states that refuse to sign could “risk some defunding in their districts.” The purpose of the form is “to make sure there’s no discrimination that’s happening in any of the schools,” she said.
Nevada receives nearly $1 billion in congressional mandated financial support for education, according to Ford’s office. Those funds cover special education services, programming for non-native speakers to learn English and access for students from low-income families to high-quality education.
In order to receive those funds, state and local education agencies must provide written assurances they will comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin. Nevada has consistently certified its compliance with Title VI and its implementing regulations.
The attorneys general in the lawsuit argue the administration has left agencies to choose between two untenable options: refuse to certify compliance based on what they say is the department’s undefined viewpoint of what constitutes diversity, equity and inclusion programs; or to certify compliance and attempt to eliminate lawful diversity, equity and inclusion “to the detriment of students and still face liability for failing to fully comply with the Department’s vague and ill-defined order.”
The new lawsuit accuses the administration of imperiling more than $13.8 billion, including money used to serve students with disabilities.
“Plaintiffs are left with an impossible choice: either certify compliance with an ambiguous and unconstitutional federal directive — threatening to chill policies, programs and speech – or risk losing indispensable funds that serve their most vulnerable student populations,” the lawsuit states.
StateofNY v DOE 4.25.2025 by Jessica Hill on Scribd
Contact Jessica Hill at jehill@reviewjournal.com. Follow @jess_hillyeah on X. The Associated Press contributed to this report.
