WASHINGTON – The U.S. Department of Education escalated President Donald Trump’s war on diversity, equity and inclusion Thursday, warning states that public schools offering “impermissible” DEI programs could be at risk of losing federal funding.

The agency gave state education commissioners nationwide 10 days to certify they’ve followed civil rights laws and court rulings. If they don’t verify their compliance, Trump administration officials reminded them, the federal government can revoke their funds, impose “substantial liabilities” or launch Justice Department investigations.

The memo doesn’t clarify what the administration views as a DEI program. But it says illegal DEI practices advantage one race over another. The use of “certain” DEI practices amounts to a violation of federal law, it says.

It’s not Trump’s first DEI ultimatum to schools, and it likely won’t be the last. But the memo does seem to demonstrate a greater understanding than previous guidance issued by the Education Department that DEI programs need to be discriminatory to be illegal.

Legal experts have routinely cast doubt on the Trump administration’s “overreaching” interpretations of federal civil rights laws and court rulings. Some have likened it to “regulation by intimidation.”

The federal government has never yanked its support for any state’s public school system, however, the Trump administration has demonstrated a willingness to target institutions of learning – especially colleges – by jeopardizing their funding in more creative ways. Those strategies have prompted lawsuits that accuse the administration of illegally cutting off money to schools.

Craig Trainor, the acting assistant secretary for civil rights, said in a statement Thursday that federal financial assistance is a “privilege, not a right.”

“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements,” he said.

Zachary Schermele is an education reporter for USA TODAY. You can reach him by email at [email protected]. Follow him on X at @ZachSchermele and Bluesky at @zachschermele.bsky.social.