The U.S. education system is built on the federalist model, where power is divided between the federal government and the states. This ensures that parents have maximum influence over what their children are taught. The federal government’s role is to set minimum educational standards and protect civil rights in schools.

The Threat to Local Schools

During her confirmation hearing, Linda McMahon, the education secretary nominee, promised to “send education back to the states.” However, her department has taken a different approach. Last week, the department issued an ultimatum to state education officials: certify that their school districts have eliminated all diversity, equity and inclusion programs or lose education funding from Washington. This is a clear attempt to create an atmosphere of fear within local schools.

• The threat is particularly concerning for low-income schools that rely on Title I funding and disproportionately educate students of color.
• The administration’s directive relies heavily on Title VI of the Civil Rights Act, which protects students from discrimination based on race, color, or national origin.

The Department’s Directive: A Threat to Free Expression

The administration’s directive leans heavily on Title VI and the Supreme Court’s ruling in Students for Fair Admissions v. Harvard. The department argues that these benchmarks authorize the Education Department to police “DEI practices” that it believes privilege disadvantaged students.

The Education Department accused schools of having “toxically indoctrinated students with the false premise that the United States is built upon’systemic and structural racism’ and advanced discriminatory policies and practices.”

The Power to Micromanage Classroom Activities

The department also has vowed to go beyond the Supreme Court’s ruling on school admissions policies. Chief Justice John G. Roberts Jr. wrote that the court’s opinion against race-conscious policies should not be “construed as prohibiting universities from considering an applicant’s discussion of how race affected their life.” However, Education Department officials have called such practices illegal, noting that “nebulous concepts like racial balancing and diversity are not compelling interests.”

The Administration’s Targeting of Local Schools

Just one week after Inauguration Day, the Education Department targeted the Ithaca City School District in New York for hosting its annual Students of Color Summit, which seeks to “support and affirm” minority students.

The President’s Promise: Censorship

President Biden has repeatedly promised to end “censorship” by the government. However, the Education Department’s new threat to local schools breaks this promise. Similar laws in some states that limit classroom discussions on race and gender issues have already had a chilling effect in free speech.

The Consequences of the Administration’s Actions

The Education Department’s new threat to local schools will have far-reaching consequences. It will lead to teaching children less and exposing them to fewer ideas and opportunities as they hone their critical-thinking skills.

The Need for Federalism

The U.S.

The Administration’s Flimsy Pretense

Linda McMahon and her boss should drop the flimsy pretense of ceding power to the states. They should instead focus on ensuring that local schools have the autonomy to make their own decisions about curriculum and instruction. Endnote
In the U.S., local and state governments have always controlled education. This system grants parents maximum influence over what their children are taught. The federal government has a responsibility to ensure minimum educational standards are met and to protect civil rights in schools. The Education Department’s new threat to local schools is a clear attempt to undermine this system and limit free expression.