Staff photo by Fritz Busch New Ulm Public School Superintendent Sean Koster is pictured above at New Ulm Middle School. Regarding a recent U.S. Department of Education letter to schools about diversity, equity, inclusion (DEI) and racial preferences, Koster said the school district is gathering information to insure it remains up to date with all legal requirements while supporting a safe and equitable learning environment for all students.

NEW ULM — A Feb. 14 letter from the U.S. Department of Education Office for Civil Rights sent to public schools across the country notified them they have no more than 14 days to remove DEI (diversity, equity and inclusion) policies or possibly lose federal funding.

The letter signed by Craig Trainor, acting assistant secretary for civil rights in the U.S Department of Education, said colleges, universities, and K-12 schools have routinely used race as a factor in admissions, financial aid, hiring, training, and other institutional programming.

“It’s a shameful echo of a darker period in this country’s history. Many American schools and universities even encourage segregation by race at graduation ceremonies, and in dormitories and other facilities,” said the letter.

New Ulm Public Schools Superintendent Sean Koster said the school district is aware of the letter.

“At this time, our district has not formally discussed the letter with our school board, committees, legal counsel, or the Minnesota School Board Association,” Koster said in a Feb. 20 email.

“While we do not have a specific DEI policy in place, we recognize the significance of this guidance and its potential impact on education, nationally and within Minnesota. We are actively monitoring developments and gathering information to ensure that our district remains up to date with all legal requirements while continuing to support a safe and equitable learning environment for all students, said Koster.

Sleepy Eye Public School Superintendent John Cselovszki said the school district has no DEI policy.

“We will continue to follow our district policies and will update them as per recommendations from the Minnesota School Board Association (MSBA),” said Cselovszki.

Minnesota Department of Education Commissioner Willie Jett said the Feb. 14, 2025 U.S. DOE letter does not carry the full force and effect of law.

“The (letter) by itself is not a civil rights enforcement action, and in its own footnotes, acknowledges that it ‘does not have the force and effect of law and does not bind the public or create new legal standards,” said Jett.

He said federal civil rights enforcement is governed by federal regulations that require the U.S. Dept. of Education to take specific steps before freezing or stopping funding.

“Minnesota state law, including the Minnesota Human Rights Act, prohibits discrimination or preferential treatment in public education on the basis of race, religion, disability, national origin, gender identity, and other identities,” said Jett.

Minnesota Attorney General Keith Ellison said Trump’s executive order does not have the force of law and therefore does not preempt any aspect of Minnesota law.

“Complying with the executive order and prohibiting students from participating in extracurricular activities consistent with their gender identity would violate the Minnesota Human Rights Act.