By Matthew Holloway |

Arizona Superintendent of Public Instruction Tom Horne issued a stern warning to Arizona school districts late last week. The warning came after Phoenix’s Kyrene School District voted to adopt a policy that further embeds Diversity, Equity, and Inclusion (DEI) into the district’s day-to-day operations in defiance of policy guidance issued by President Donald Trump.

Horne warned, “Kyrene and any district or charter that is not taking the federal DEI guidance will lose their federal dollars. The U.S. Department of Education has been abundantly clear with its most recent guidance against the use of DEI language in schools. Federal law and the 14th amendment to the U.S. Constitution are clear that no person shall be discriminated because of race, skin color or ethnicity, and this guidance aligns completely with my philosophy. By contrast, the use of DEI programs does just the opposite and promotes racial discrimination. Schools ignore the federal guidance at their own peril. This is not an empty threat, and districts and charter schools need to treat it seriously.”

In its meeting on April 8th, the Kyrene School District voted unanimously to defy policy guidance from both the U.S. Department of Education (DOE) and the Arizona Department of Education (AZDOE). The move will cause the district to lose access to over $1.5 million in federal funding in favor of its “Staff Social Emotional Wellness Policy” in which it purports to “provide welcoming, inclusive learning environments in which every student is honored, valued, and feels a strong sense of belonging and purpose.”

Guidance from the DOE issued in February explicitly states that, “Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.” It noted that “DEI programs, for example, frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to particular racial groups based on crude racial stereotypes. Consequently, they deny students the ability to participate fully in the life of a school.”

The federal policy explains, “Although some programs may appear neutral on their face, a closer look reveals that they are, in fact, motivated by racial considerations. And race-based decision-making, no matter the form, remains impermissible.” The DOE also cited the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which ruled that “[c]lassifying and assigning students based on their race” is an unlawful practice unless it satisfies a firm legal standard of ‘strict scrutiny,’ under two narrowly tailored instances:

(1) remediating specific, identified instances of past discrimination that violated the Constitution or a statute;

(2) avoiding imminent and serious risks to human safety in prisons, such as a race riot.”

The high court added, “An individual’s race may never be used against him” and “may not operate as a stereotype,” used to justify government polices.

In his remarks, Horne concluded, “The most interesting philosophical divide in our country right now is between those like me who believe in individual merit, and those who want to substitute racial entitlement. DEI is all about racial entitlement. The problem with racial entitlement is that it does nothing to promote hard work, conscientiousness, or creativity. If those advocating for it succeed in having it replace individual merit, we will become a mediocre, third world country. China will become the dominant power.”

Earlier this month, Horne signed an attestation letter to the DOE stating that “Arizona will not have anything to do with race-based programs, DEI, etc.”

Horne shared a handwritten missive to Secretary McMahon from the margins of the letter that AZDOE called “uplifting” which stated, “Sec. McMahon- Thank you for fighting for our Constitution and laws!”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.