Federal judges impede Trump's efforts to withhold educational funds due to DEI policies
Trump's GOP administration took a hit on Thursday as federal judges in Maryland, New Hampshire, and Washington, D.C., blocked their attempt to strip funding from public schools promoting diversity, equity, and inclusion (DEI) efforts.
In a trio of decisions, judges - two of whom were appointed by Trump himself - halted the U.S. Department of Education from cutting funding to schools and universities that refused to halt what the administration called "discriminatory" DEI initiatives.
The Education Department, initially silent on the matter, is anticipated to appeal these decisions.
The contested policy was outlined in a February 14 "Dear Colleague" letter that the administration claimed was meant to remind schools of their obligations to comply with existing civil rights law. The letter accused schools of promoting "pervasive and repugnant race-based preferences" and "toxically indoctrinating" students by teaching about the history of systemic racism.
The letter claimed DEI proponents had been "smuggling" such practices into everyday training, programming, and discipline, and threatened action if schools failed to ensure their practices followed the law.
However, U.S. District Judge Landya McCafferty in Concord, New Hampshire, sided with teachers' unions and civil rights groups in finding the policy to be unconstitutionally vague and a violation of educators' free speech rights under the First Amendment.
McCafferty, a former appointee of Democratic President Barack Obama, stated that the policy failed to provide a clear definition of what a DEI program entailed. She further argued that the policy infringed on the First Amendment rights of university professors by targeting their speech based on viewpoint, such as teaching students about structural racism in America.
Shortly after McCafferty's ruling, U.S. District Judge Stephanie Gallagher in Baltimore issued an order halting the Education Department's policy on behalf of the American Federation of Teachers, the American Sociological Association, and others. Gallagher, another Trump appointee, criticized the Education Department for failing to follow proper rulemaking processes and lacking the authority to adopt the policy under the Department of Education Organization Act of 1979.
That law prohibits the Education Department from directing or supervising a school's curriculum, instructional program, administration, or personnel, or its selection of instructional materials.
In the Washington, D.C., case, Judge Dabney Friedrich, another Trump appointee, agreed with the National Association for the Advancement of Colored People that the policy was too vague. Her ruling blocked the department from enforcing a requirement that state educational agencies certify compliance with the February policy by a certain date or risk losing federal funding.
Skye Perryman, a representative from the liberal-leaning legal group Democracy Forward, commented that the ruling "affirms what we have always known: this administration's attempts to censor schools, teachers, educators, colleges, and universities is unlawful."
Historically, the proposed budget seeks substantial cuts to programs supporting DEI in public schools while restructuring funding mechanisms. Key proposed cuts include eliminating $70 million for Teacher Quality Partnerships, $7 million for Equity Assistance Centers, and $890 million for English Language Acquisition programs. The Office for Civil Rights faces a 35% reduction, potentially weakening civil rights protections, and grant consolidation for Title I and IDEA funding could threaten targeted DEI initiatives.
- The federal judges, including two appointed by Trump, agreed that the U.S. Department of Education's attempt to block funding for schools promoting diversity, equity, and inclusion (DEI) efforts contradicts existing civil rights law.
- In a trio of decisions, judges halted the department from cutting funding to schools and universities that refused to halt what the administration called "discriminatory" DEI initiatives, citing the policy as unconstitutionally vague and a violation of educators' free speech rights under the First Amendment.
- The Education Department, initially silent on the matter, is anticipated to appeal these decisions, as they attempt to revise their policy regarding education-and-self-development and policy-and-legislation on diversity matters in the face of criticism from judges.
- Skye Perryman, a representative from Democracy Forward, supported the ruling brought by Judge Dabney Friedrich, stating that the administration's efforts to block funding for DEI initiatives and censor schools and teachers is unlawful and goes against the general-news and learning sector.
- The proposed budget for 2023 seeks substantial cuts to programs supporting DEI in public schools, potentially weakening civil rights protections and hindering the successful implementation of initiatives aimed at fostering education and self-development for all students.
