On Thursday (April 24), judges blocked the Trump administration’s threats to cut federal funding for public schools, per the Associated Press. President Donald Trump had sought to cut the funds of schools with diversity, equity, and inclusion programs. However, the judges ruled in favor of a lawsuit from the National Education Association and the American Civil Liberties Union. The lawsuit accused the Republican administration of giving “unconstitutionally vague” guidance and violating teachers’ First Amendment rights.
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What To Know About Trump’s Directives?
Earlier this month, it ordered states to gather signatures from local school systems certifying compliance with civil rights laws. That includes rejecting what the federal government calls “illegal DEI practices.”
Meanwhile, the directives do not have the force of law behind them. However, they threaten to use civil rights enforcement to rid schools of DEI practices. The administration warned schools 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.
In February, the department issued a memo to schools and colleges urging them to end the practice of differentiating people based on race. States were given until the end of Thursday (April 24) to submit certification of their schools’ compliance. However, some have indicated they will not obey the order.
Also, the department’s February memo said schools have promoted DEI efforts while throwing white and Asian American students under the bus. It relies on a dramatic interpretation of a 2023 Supreme Court decision. That decision bars the use of race in college admissions in all aspects of education. Those aspects include hiring, promotion, scholarships, housing, graduation ceremonies, and campus life.
Meanwhile, a letter directive in April asked states to collect the certification form from local school districts and also sign it on behalf of the state. The letters are meant to assure that schools are following the guidelines of Title VI of the Civil Rights Act of 1964. Schools and states are already required to provide assurances to that effect in separate paperwork. But the new form adds language on DEI. The language warns that using diversity programs to discriminate can result in funding cuts, fines, and other penalties. The form threatens schools’ access to Title I, the largest source of federal revenue for K-12 education and a lifeline for schools in low-income areas.
Details About Judges’ Orders About Diversity Programs
On Thursday, a second judge in Maryland postponed the effective date of some U.S. Education Department anti-DEI guidance. A third judge in Washington, D.C., blocked another provision from taking effect.
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 violate civil rights law. “The Letter does not even define what a ‘DEI program’ is,” McCafferty wrote. The judge also said there is reason to believe the department’s actions violate teachers’ free speech rights.
“A professor runs afoul of the 2025 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.
In the ruling in Maryland, U.S. District Judge Stephanie Gallagher postponed that memo. She said the memo was not issued properly. Per the judge, it also forces teachers to choose between “being injured through suppressing their speech or through facing enforcement for exercising their constitutional rights.” The American Federation of Teachers, one of the nation’s largest teachers’ unions, filed the suit.
“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, said in a statement.
Also, a judge in Washington, D.C., granted a preliminary injunction against the certification letter. The NAACP had argued it failed to identify specific DEI practices that would violate the law. All three lawsuits argue that the guidance limits academic freedom. They also claim the letter is vague and leaves schools and educators in limbo about what they may do. For example, it doesn’t explain that voluntary student groups for minority students are still allowed.
What Does The Education Secretary Have To Say?
President Donald Trump’s education secretary, Linda McMahon, is standing by Trump’s directives, though. She has previously 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 that states that refuse to sign could “risk some defunding in their districts.” The form’s purpose is “to make sure there’s no discrimination that’s happening in any of the schools,” she said.
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Associated Press staff Holly Ramer and Collin Binkley contributed to this report.
