The School Superintendents Association, known as AASA, told its members this week that they can ignore the Department of Education's Office for Civil Rights' order to drop diversity, equity and inclusion (DEI) policies or lose federal funding.

The Education Department's guidance last week told the public schools nationwide that they had 14 days to comply with the order or face repercussions, including a loss of federal funding. The guidance highlighted that "treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal."

The association said the guidance was not "very convincing," because it predicts the order will not beat any legal challenges and because President Donald Trump recently halted the office's civil rights enforcement.

"It is also important for districts to remember that there is a long-drawn out process for rescinding funding for failure to comply with civil rights laws," the association told members Monday.

The association's civil rights attorney said districts that are concerned about federal backlash over their policies should “focus on programs and activities that might be at risk under the current law, regulations, and judicial guidance. 

"Policies that explicitly use race in admissions, financial aid, hiring, or discipline—such as racial quotas, set-asides, or preferential treatment—are the most at risk under current law," she stated. "Similarly, DEI programs that stereotype individuals or groups, assign racial blame, or suppress speech based on race could be suspect."

The association added that no federal law bans the teaching of race-related topics, and argued that any order by Office for Civil Rights to do so would violate laws and raise First Amendment issues.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.