By HOLLY RAMER
CONCORD, N.H. (AP) — A federal judge on Thursday temporarily blocked the Trump administration’s guidance forbidding diversity, equity and inclusion efforts in K-12 public schools.
The ruling came in a lawsuit brought by the National Education Association and the American Civil Liberties Union, which accused the Republican administration of violating teachers’ due process and First Amendment rights.
In February, the U.S. Education Department told schools and colleges they needed to end any practice that differentiates people based on their race or they would risk losing their federal funding. Earlier this month, the department 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 directive does not carry the force of law but threatens to use civil rights enforcement to rid schools of DEI practices. Schools were warning 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.
States were given until Thursday to submit certification of their schools’ compliance, but some have indicated they would not comply with the order. Education officials in some Democratic-led states have said the administration is overstepping its authority and that there is nothing illegal about DEI.
The lawsuit filed in March argues the guidance in the Feb. 14 memo relied on vague legal restrictions and would limit academic freedom by dictating what students can be taught.
The memo said schools have promoted DEI efforts often at the expense of white and Asian American students. It dramatically expands a 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.
The memo faces multiple legal challenges. The American Federation of Teachers and the American Sociological Association filed a lawsuit asking a federal court in Maryland to strike down the memo and stop the department from enforcing it.
Both lawsuits argue that the guidance is so vague that it leaves schools and educators in limbo about what they may do, such as whether voluntary student groups for minority students are still allowed.
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