Nebraska Department of Education plans to sign order saying it doesn't use DEI

The Nebraska Department of Education plans to sign a federal certification that it does not use DEI practices, Commissioner Brian Maher said. In an email to the state's public school superintendents Tuesday, Maher said he intends to sign the certification on behalf of the department after careful consideration "to ensure there are no disruptions in federal funding." On April 3, the U.

S. Department of Education sent letters to state education commissioners requesting them to certify their compliance with Title VI of the Civil Rights Act, which states that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” The letter also references the Students for Fair Admissions v.



President and Fellows of Harvard College decision, which found race-based affirmative action programs at Harvard and the University of North Carolina illegal. The letter from the federal department states that "any violation of Title VI — including the use of Diversity, Equity, & Inclusion ('DEI') programs to advantage one’s race over another — is impermissible." Local or state education agencies who continue to use DEI practices could lose federal funding and could be held liable under the False Claims Act, according to the certification.

The federal letter specifically threatens Title I funding, which sends billions of dollars a year to America’s schools and targets low-income areas. The email from Maher asked local school districts to sign the certification letter by 10 a.m.

Thursday, as Thursday is the deadline for states to respond to the federal order. The Nebraska Department of Education is required to report the signature status of local education associations. Maher encouraged any district officials that may have questions regarding the certification to discuss them with their district's attorney.

The U.S. Department of Education under the Trump administration has identified "rooting out illegal DEI" in both K-12 and higher education as a priority.

The department's request for certification follows a Feb. 14 memo declaring that any school policy that treats students or staff differently because of their race is illegal. It aimed to fight what the memo described as widespread discrimination in education, often against white and Asian American students.

Several states have already signed the certification, while several others have said they will decline to sign it. Of those states that have signed, New Hampshire created a website tracking the certification status of the state's school districts. U.

S. Secretary of Education Linda McMahon called the tracking website a "model of transparency" in a post on X. Some states declining to sign the certification have sent letters to the federal department of education giving their reasoning.

Zoie Saunders, Vermont's secretary of education, sent a letter to the federal department that stated Vermont has already certified its compliance with Title XI and the state continues to be unaware of any programs that violate Title XI. Saunders also stated that no definition is given for "DEI" in the certification request, and "no federal or state law prohibits diversity, equity or inclusion." This report contains material from the Associated Press.

Christine Mahon waves at passing cars with other protestors lining Dodge Street to voice discontent with President Trump's administration at Memorial Park in Omaha on Saturday, April 5, 2025. Organizers of the Omaha protest are calling on Trump and Elon Musk to take their hands off the programs that middle class and working families rely on and asking elected officials to take a stand. The protest is part of a nationwide movement, with over 1,000 protests planned across the country Saturday.

Erin Kelly, owner of Rinkel, adjusts the sleeves on Chrissa King's dress before Conscious Collection Fest's sustainable fashion showcase at Floors Floors Floors in Omaha on Friday, April 4, 2025. The showcase, one event from the four-day festival centered on community and slow fashion, highlighted curated second hand, vintage and upcycled collections. Omaha's Tyler Bishop (2) tags Nebraska's Riley Silva (1)/ for the second out in the first inning during a college baesball game at Tal Anderson Field in Omaha, on Wednesday, April 2, 2025.

Bishop initially bobbled the ball but recovered to make the out Attorney David A. Domina listens to opposing arguments during a Nebraska Supreme Court session held at Omaha Bryan high school in Bellevue, on Wednesday, April 2, 2025. John Ewing speaks to supporters during the municipal primary election watch party for John Ewing at the Omaha Press Club in Omaha, on Tuesday, April 1, 2025.

Andrea Norris, a content creator who shares fun things in Nebraska, makes a video for TikTok at Woodees in Lincoln on Wednesday, April 2, 2025. A video of hers unexpectedly went viral after Norris jokingly asked if anyone cared about the state, opening up a huge political discussion and some misinformation. Audrey Christensen puts on lipstick before Conscious Collection Fest's sustainable fashion showcase at Floors Floors Floors in Omaha on Friday, April 4, 2025.

The showcase, one event from the four-day festival centered on community and slow fashion, highlighted curated second hand, vintage and upcycled collections. Omaha's Henry Zipay (1) drops a pop fly off the bat of Nebraska's Tyler Stone (55) with two outs in the ninth inning during a college baesball game at Tal Anderson Field in Omaha, on Wednesday, April 2, 2025. People watch the first results on TV for the municipal primary election during the watch party for Mike McDonnell at the.

Omaha Firefighters Hall in Omaha, on Tuesday, April 1, 2025. during the first set set of a League One Volleyball match at at Liberty First Credit Union Arena in Ralston on Thursday, April 3, 2025. Omaha's Maddox Meyer (28) celebrates the last out ina win over Nebraska during a college baesball game at Tal Anderson Field in Omaha, on Wednesday, April 2, 2025.

The Omaha dugout comes out to celebrate with Drew Borner (24) after Borner hit a two-run homer in the seventh inning to break the tie with Nebraska during a college baesball game at Tal Anderson Field in Omaha, on Wednesday, April 2, 2025. Omaha's Eli Hoerner (10) celebrates with Drew Borner (24) after Borner hit a two-run homer in the seventh inning to break the tie with Nebraska during a college baesball game at Tal Anderson Field in Omaha, on Wednesday, April 2, 2025. Omaha's Trent Burkhalter(6) tries to catch a ball thrown by Omaha's Jackson Trout (20) as Nebraska's Cayden Brumbaugh (0) scores on sacrafice fly by Nebraska's Max Buettenback (11) during a college baesball game at Tal Anderson Field in Omaha, on Wednesday, April 2, 2025.

Polling booths sit empty inside Nathan Hale Middle School in Omaha on Tuesday, April 1, 2025. Erick Estevez fills out his ballot at Walnut Hill Elementary School in Omaha on Tuesday, April 1, 2025. Tim Fickenscher, an election official, puts a ballot in the ballot box during the municipal primary election at New Life Presbyterian in Omaha on Tuesday, April 1, 2025.

Creighton's Will MacLean (17) celebrates after recording the final out during the ninth inning of a college baseball game at Hawks Field in Lincoln on Tuesday, April 1, 2025. Brian Rosen walks into Sokol Arena before a press conference introducing him as the new volleyball coach in Omaha on Monday, April 7, 2025. Creighton athletic director Marcus Blossom, front, and former head coach Kirsten Bernthal Booth walk with Rosen.

LaToya Henderson holds Na’Zier, her grandson, while her daughter Jamirriah Nelson watches in Omaha, on Friday, April 4, 2025. Na’Zier's father, Shalamar Davis Jr., was shot and killed on March 25.

Henderson had just met Na’Zier the day before her son was killed. LaToya Henderson holds Na’Zier, her grandson in Omaha, on Friday, April 4, 2025. Na’Zier's father, Shalamar Davis Jr.

, was shot and killed on March 25. Henderson had just met Na’Zier the day before her son was killed. Lynn Painter, a local author, signs copies of her books for Lynley Janovich, left, and Sami Nair at the opening of Barnes & Noble in Papillion on Wednesday, April 9, 2025.

Other models hype up Kailah Greenwood while she has her photo taken before Conscious Collection Fest's sustainable fashion showcase at Floors Floors Floors in Omaha on Friday, April 4, 2025. The showcase, one event from the four-day festival centered on community and slow fashion, highlighted curated second hand, vintage and upcycled collections. Iona Fortune, a burlesque dancer and costumer, goes through her costume closet at her home in Bellevue on Wednesday, April 2, 2025.

Fortune, which is her stage name, tries to emphasize sustainability with her costume decisions by buying vintage and secondhand pieces and giving them a new life. A truck is turned over on I480 near Cuming Street in Omaha, on Thursday, April 10, 2025. A truck is turned over on I480 near Cuming Street in Omaha, on Thursday, April 10, 2025.

A truck is turned over on I480 near Cuming Street in Omaha, on Thursday, April 10, 2025. Omaha police investigate a shooting near 30th and Q streets Omaha, on Thursday, April 10, 2025. The path of a tornado along with debris can be seen in a farm field near Nashville, on Thursday, April 17, 2025.

A tornados seen just north of Doudglas County from Highway 75 , on Thursday, April 17, 2025. RVs are damaged from a tornado in Nashville, on Thursday, April 17, 2025. Golfball-sized hail rests in a yard in Nashville, on Thursday, April 17, 2025.

A quarter was placed to give a size reference. Clouds darken the sky as a storm that later produced a tornado is seen west of Highway 75 north of Omaha, on Thursday, April 17, 2025. RVs are damaged from a tornado in Nashville, on Thursday, April 17, 2025.

Lightning strikes behind Cameron McNew poses for a portrait after a tornado his his house near Nashville, on Thursday, April 17, 2025. A rainbow forms behiind golfball sized hail in Nashville, on Thursday, April 17, 2025. Judd Heaton, 3, runs near the damaged house of his neighbor Cameron McNew near Nashville, on Thursday, April 17, 2025.

McNew's house was hit by a tornado. A tornado damaged the night before this home near 84th Street south of Dutch Hall Road in northern Douglas County on Friday, April 18, 2025. A tornado damaged the night before this home near 84th Street south of Dutch Hall Road in northern Douglas County on Friday, April 18, 2025.

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