Colorado’s commissioner of education and superintendents across the state are awaiting legal guidance before deciding whether or not to comply with a Trump administration directive that could jeopardize $800 million in federal funding for states promoting diversity, equity and inclusion programs in schools.

The letter was shared by the U.S. Department of Education on April 3 and gives state education departments 10 days to sign a document certifying that their schools don’t promote any programs relating to diversity, equity and inclusion — which the Trump administration argues is illegal under the Civil Rights Act and would disqualify states from receiving federal education funding.

Title VI of the Civil Rights Act of 1964 outlaws discrimination based on race, color or national origin under any program or activity receiving federal financial assistance. The certification letter sent to state departments claims schools use DEI programs to favor certain groups based on identity characteristics, which violates Title VI.

“Any violation of Title VI — including the use of Diversity, Equity, & Inclusion programs to advantage one’s race over another — is impermissible,” the letter states. “The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences,” including eliminating federal funding and “litigation for breach of contract by the Department of Justice.”

The letter also demands compliance with the 2023 U.S. Supreme Court decision in Students for Fair Admissions v. Harvard, in which the Supreme Court ruled that affirmative action programs at Harvard and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment and Title VI.

State education officials who sign the certification letter would be affirming that their school districts comply with both Title VI and the Supreme Court decision. Being found in violation of the law after requesting federal funds could make them liable for fraud under the False Claims Act, according to the letter.

Colorado Commissioner of Education Susana Córdova’s subsequent letter to superintendents asked that districts “do not take any actions” and await further guidance from the Colorado Department of Education, which is in the process of “reviewing the certification document” and conferring with its legal counsel.

“As soon as we have more information, we will reach out to you all,” Córdova wrote.

If Trump’s demands have teeth, roughly 10% of Colorado’s K-12 funding — or around $800 million — could be at risk. Federal funding makes up a larger share of districts with higher poverty levels, meaning they could be disproportionately impacted.

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The timing of the letter only adds to the pressure, since many districts are in the process of finalizing their budgets in a year where Colorado schools feel like they’re already not getting enough funding.

Some minority student groups in Colorado have consistently performed below their peers in state and national testing, meaning a DEI block would leave the state with less resources to combat disproportionate student achievement. The gaps between multilingual and non-multilingual learners are larger in Colorado compared to the national public average, according to the Colorado Department of Education.

Whether the administration can legally withhold money from states that don’t sign is contested. Several state leaders have questioned the legal standing of the action and anticipate its implementation could face legal challenges, according to the Associated Press.

The National Education Association, the largest labor union in the country, said the Trump administration’s attempt to “coerce public schools and educators to abandon inclusive practices” is unconstitutional and helps its ongoing lawsuit against the U.S. Department of Education for overstepping its legal authority.