The ruling came in a lawsuit brought by the National Education 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 on Thursday postponed the effective date of some U.S. Education Department anti-DEI guidance, ruling in a separate case filed by the American Federation of Teachers in Maryland.
In February, the department told 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 government 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 said the April letter does not make clear what the department believes a DEI program entails or when it believes such programs cross the line into violating civil rights law.
The judge also said there is reason to believe the department's actions amount to a violation of teachers' free speech rights.
The Feb. 14 memo from the department, formally known as a “Dear Colleague” letter, said schools have promoted DEI efforts at the expense of white and Asian American students. It builds on the 2023 Supreme Court decision barring the use of race in college admissions to all aspects of education, including, hiring, promotion, scholarships, housing, graduation ceremonies and campus life.
States were given until the end of Thursday to submit certification of their schools’ compliance.
President Donald Trump’s education secretary, Linda McMahon, has warned of potential funding cuts if states do not return the form by Friday.
In a Tuesday interview on the Fox Business Network, McMahon said states that refuse to sign could “risk some 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 said.
