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Trump agrees not to withhold school funding over DEI

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Trump agrees not to withhold school funding over DEI

Feb 10, 2026 | 7:51 pm ET
By Dana Gentry
Trump agrees not to withhold school funding over DEI
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The Lyndon Baines Johnson Department of Education Building pictured on Nov. 25, 2024. (Shauneen Miranda/States Newsroom)

Attorneys General from 19 states, including Nevada, have secured an agreement with the Trump administration to abandon its effort to yank federal funding from K-12 schools that refuse to scrap diversity, equity, inclusion, and accessibility initiatives. 

In April 2025, the U.S. Department of Education announced state and local agencies would have to adopt Trump’s interpretation of Title VI of the Civil Rights Act of 1964 as it applies to DEI, or risk losing federal education funding. 

Initially 21 states, the District of Columbia, and Puerto Rico acquiesced, Education Week reported. Nevada, however, joined other states and filed a lawsuit, alleging violations of the Spending Clause, the Appropriations Clause, the separation of powers, and the Administrative Procedure Act, according to a news release issued Tuesday by Democratic Attorney General Aaron Ford. 

Another lawsuit filed by the American Federation of Teachers resulted in a court vacating Trump’s request of the states and local agencies. The parties filed an agreement on Feb. 6 dismissing the Trump administration’s appeal of that case, and preventing it from withholding funding.  

“Our responsibility is to Nevada’s students and families, not to shifting political interpretations that have no basis in law,” Ford said. “The Constitution makes clear that Congress controls federal spending, and executive agencies must operate within the bounds of that authority. By standing up for Nevada, we protected essential education funding and ensured that schools can continue lawful diversity, equity, inclusion, and accessibility efforts that promote equal opportunity for every student.”

The funding that was at risk provides support to students from low-income families, English language learners, special education students, children in foster care, and those who lack housing.  

Ford was joined in the agreement by attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.