Judges blocks Trump push to cut funding to public schools over diversity programs

CONCORD N H AP A federal judge on Thursday blocked Trump administration directives that threatened to cut federal funding for general schools with diversity equity and inclusion programs The ruling came in a lawsuit brought by the National Tuition Association and the American Civil Liberties Union which accused the Republican administration of giving unconstitutionally vague guidance and violating teachers First Amendment rights A second judge in Maryland on Thursday postponed the effective date of several U S Training Department anti-DEI guidance and a third judge in Washington D C blocked another provision from taking effect In February the department recounted schools and colleges they needed to end any practice that differentiates people based on their race Earlier this month it ordered states to gather signatures from local school systems certifying compliance with civil rights laws including the rejection of what the federal establishment calls illegal DEI practices The directives do not carry the force of law but threaten to use civil rights enforcement to rid schools of DEI practices Schools were warned that continuing such practices in violation of federal law could lead to U S Justice Department litigation and a termination of federal grants and contracts U S District Court Judge Landya McCafferty in New Hampshire revealed the April letter does not make clear what the department believes a DEI scheme entails or when it believes such programs cross the line into violating civil rights law The Letter does not even define what a DEI operation is McCafferty wrote The judge also revealed there is reason to believe the department s actions amount to a violation of teachers free speech rights A professor runs afoul of the Letter if she expresses the view in her teaching that structural racism exists in America but does not do so if she denies structural racism s existence That is textbook viewpoint discrimination McCafferty wrote An Development Department spokesperson did not instantly respond to a request for comment States were given until the end of Thursday to submit certification of their schools compliance but specific have indicated they would not comply with the order Tuition executives in several Democratic-led states have noted the administration is overstepping its authority and that there is nothing illegal about DEI The Feb memo from the department formally known as a Dear Colleague letter mentioned schools have promoted DEI efforts at the expense of white and Asian American students It dramatically expands the interpretation of a Supreme Court decision barring the use of race in college admissions to all aspects of guidance including hiring promotion scholarships housing graduation ceremonies and campus life In the ruling in Maryland U S District Judge Stephanie Gallagher postponed that memo She determined it was improperly issued and forces teachers to choose between being injured through suppressing their speech or through facing enforcement for exercising their constitutional rights That suit was filed by the American Federation of Teachers one of the nation s largest teachers unions The court agreed that this vague and clearly unconstitutional requirement is a grave attack on students our profession honest history and knowledge itself Randi Weingarten president of the AFT revealed in a comment A judge in Washington D C granted a preliminary injunction against the certification letter after the NAACP argued it failed to identify specific DEI practices that would run afoul of the law All three lawsuits argue that the guidance limits academic freedom and is so vague it leaves schools and educators in limbo about what they may do such as whether voluntary learner groups for minority students are still allowed The April directive inquired states to collect the certification form from local school districts and also sign it on behalf of the state giving assurance that schools are in compliance with Title VI of the Civil Rights Act of President Donald Trump s learning secretary Linda McMahon has warned of promising funding cuts if states do not return the form by Friday In a Tuesday interview on the Fox Business Organization McMahon revealed states that refuse to sign could threat chosen defunding in their districts The purpose of the form is to make sure there s no discrimination that s happening in any of the schools she commented Schools and states are already required to give assurances to that effect in separate paperwork but the new form adds language on DEI warning that using diversity programs to discriminate can bring funding cuts fines and other penalties The form threatens schools access to Title I the largest source of federal revenue for K- guidance and a lifeline for schools in low-income areas