CONCORD, N.H. – A federal judge has recently ruled to block Trump administration directives that threatened to cut federal funding for public schools with diversity, equity, and inclusion programs. This ruling comes after the National Education Association and the American Civil Liberties Union filed a lawsuit, accusing the administration of providing unclear guidance and infringing on teachers’ First Amendment rights. Additional judges in Maryland and Washington, D.C. have also taken action to delay the implementation of certain Department of Education anti-DEI guidance.
Recent directives from the Department of Education have instructed schools and colleges to cease practices that differentiate individuals based on their race. These directives, although not legally binding, carry the potential for civil rights enforcement actions against schools failing to comply. The Department of Education’s actions have raised concerns over the potential violation of teachers’ freedom of speech rights, as criticized by U.S. District Court Judge Landya McCafferty of New Hampshire.
The department’s February memo emphasized the need to end DEI practices that could discriminate against white and Asian American students. This memo significantly broadened the interpretation of a previous Supreme Court decision, extending the prohibition on using race in college admissions to various aspects of education. However, multiple lawsuits argue that the guidance restricts academic freedom and leaves schools and educators uncertain about the permissibility of certain activities.
President Donald Trump’s education secretary, Linda McMahon, has warned of funding cuts for states failing to comply with the Department of Education’s directives. The new certification form issued by the Department of Education emphasizes the importance of Title VI compliance, linking diversity programs that lead to discrimination with potential funding reductions, fines, and penalties. This form poses a threat to schools’ access to Title I funds, a crucial source of federal revenue for K-12 education, particularly in low-income areas.