Attorney General Bonta Sues Trump Administration Over Unlawful Conditions on Funding for K-12 Schools

$7.9 billion in federal financial assistance at risk in California  

LOS ANGELES – California Attorney General Rob Bonta today, leading a coalition of 19 attorneys general, filed a lawsuit challenging the U.S. Department of Education’s efforts to withhold federal funding from state and local agencies that refuse to abandon lawful programs and policies that promote equal access to education in K-12 classrooms across the nation. On April 3, 2025, the Department of Education informed state and local agencies that they must accept the Trump Administration’s new and legally incoherent interpretation of Title VI of the Civil Rights Act of 1964 with respect to diversity, equity, and inclusion efforts—or else risk immediate and catastrophic loss of federal education funds. California, like many other states, refused to certify its compliance with these new requirements, explaining that there is no lawful or practical way to do so given the Department’s vague, contradictory, and unsupported interpretation of Title VI. In filing today’s lawsuit, Attorney General Bonta and the coalition seek to bar the Department from withholding any funding based on these unlawful conditions. 

“The U.S. Department of Education is unapologetically abandoning its mission to ensure equal access to education with its latest threat to wholesale terminate congressionally mandated federal education funding,” said Attorney General Bonta. “Let me be clear: the federal Department of Education is not trying to ‘combat’ discrimination with this latest order. Instead it is using our nation’s foundational civil rights law as a pretext to coerce states into abandoning efforts to promote diversity, equity, and inclusion through lawful programs and policies. Once again, the President has exceeded his authority under the Constitution and violated the law.”

The U.S. Department of Education provides California with $7.9 billion in congressionally mandated financial support each year for a wide variety of needs and services related to children and education. This funding includes financial support to ensure that students from low-income families have the same access to high-quality education as their peers, provide special education services, recruit and train highly skilled and dedicated teachers, fund programming for non-native speakers to learn English, and provide support to vulnerable children in foster care and without housing. As a condition of receiving these funds, state and local education agencies 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, and California has consistently and regularly certified its compliance with Title VI and its implementing regulations.

However, on April 3, the Department issued a letter that conditioned continued federal financial assistance on state and local education agencies certifying that they are not operating programs inconsistent with the Trump Administration’s view that efforts supporting diversity, equity, and inclusion are unlawful. The letter forced state and local agencies to choose between two untenable options: (1) refuse to certify compliance based on the Department’s un-defined viewpoint on what constitutes unlawful diversity, equity, and inclusion programs, curriculum, instruction, and policies, and place federal funding in peril or (2) certify compliance, attempt to identify and 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. Faced with this choice, California informed the Department that it continues to stand by its prior certifications of compliance with Title VI and its lawfully issued implementing regulations in the Department’s possession but would not assent to the unlawfully issued certification. 

In the lawsuit, Attorney General Bonta and the multistate coalition assert that the Department of Education’s attempt to terminate federal education funding based on its misinterpretation of Title VI violates the Spending Clause, the Appropriations Clause, the separation of powers, and the Administrative Procedures Act. 

Attorney General Bonta is leading a multistate coalition in filing the lawsuit along with the attorneys general of New York, Illinois, Massachusetts, and Minnesota. The attorneys general are joined by the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Maryland, Michigan, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. 

A copy of the lawsuit is available here.