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EDUCATION
Federal judge in NH blocks Trump administration’s threats over DEI in schools
- A federal judge blocked the Department of Education from withholding funds from schools that have diversity, equity, and inclusion programs.
- The judge’s preliminary injunction prevents the enforcement of a “Dear Colleague” letter and a compliance form threatening funding cuts.
- The ACLU and NEA sued the Department of Education over the threats, arguing they violate academic freedom.
- The Department of Education is expected to appeal the ruling.
CONCORD — A New Hampshire federal judge has barred the U.S. Department of Education from carrying out its threats to pull federal funding from public schools that don’t eliminate diversity, equity and inclusion programs and initiatives.
Judge Landya McCafferty issued a preliminary injunction Thursday blocking the U.S. Department of Education, led by Secretary Linda McMahon, from enforcing numerous threats made to American public schools since the start of President Donald Trump’s second term.
The order states the U.S. Department of Education cannot enforce a February “Dear Colleague” letter and an April federal civil rights compliance certification form, which both threaten federal funding being removed from public schools. McCafferty’s order also blocks the U.S. Department of Education from taking action against any school district at the heart of any complaint made via the agency’s “End DEI” online portal, which encourages reports about “illegal discriminatory practices at institutions of learning,” according to the website.
McCafferty wrote Thursday the defendant cannot enforce any action against “the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more plaintiffs or one or more of plaintiffs’ members.”
“The ban on DEI embodied in the 2025 (‘Dear Colleague’) Letter leaves teachers with a Hobson’s choice,” McCafferty wrote Thursday. “If they fail to abide by the ill-defined standards set forth in the letter, they leave themselves open to (1) their school’s decision to terminate their employment or curb their work in order to preserve essential federal funding, (2) public ostracization based on one person’s view of what “DEI” is, or (3) potential disciplinary proceedings that put their license at risk. But even if they endeavor to abide by the 2025 Letter’s requirements, they risk failing to comply with certification requirements necessary for retention of their professional credentials. All while not being afforded a reasonable opportunity to know what the 2025 Letter even requires of them. The Constitution requires more.”
The Trump administration’s crusade against DEI programming in American public schools took center stage in New Hampshire, as the National Education Association and the American Civil Liberties Union of New Hampshire filed a lawsuit against the U.S. Department of Education. The Center for Black Educator Development is another co-plaintiff, and three local school districts – the Dover, Oyster River and Somersworth school systems – make up another small group planning to sign on to the lawsuit.
A hearing on the three plaintiffs’ motion for preliminary injunction was held at the Warren G. Rudman U.S. Courthouse Concord on Thursday, April 17. Their entire request for injunction was granted Thursday with McCafferty’s order.
“This injunction shall take effect immediately and shall remain in effect pending further order of this court,” her order adds.
