The nation’s largest teachers’ union sued the Trump administration over its effort to erase diversity, equity and inclusion programs in education, arguing that the policy violates the First Amendment and infringes on academic freedom.
The National Education Association, joined by the American Civil Liberties Union and two of its state chapters, filed a lawsuit Wednesday against the Department of Education challenging its “Dear Colleague” letter that threatens to cut federal funds to schools that discriminate based on race.
The Feb. 14 letter cited DEI initiatives that stigmatize certain races and offer opportunities to students based on race and ethnicity that are not available to students of other races.
In its lawsuit, however, the ACLU and NEA argued that the policy oversteps the department’s authority by imposing “unfounded and vague legal restrictions that violate due process and the First Amendment.”
“The lawsuit contends that [the Education Department] has no authority to dictate curriculum or educational programs, and that federal law explicitly protects education institutions’ ability to shape their own curriculum, including programs that reflect and celebrate diversity,” said the ACLU and NEA in a joint statement.
NEA President Becky Pringle said that “educators do everything in their power to support every student — no matter where they live, how much their family earns, or the color of their skin — ensuring each feels safe, seen, and is prepared for the future.”
“Now, the Trump administration is threatening to punish students, parents and educators in public schools for doing just that: fostering inclusive classrooms where diversity is valued, history is taught honestly, and every child can grow into their full brilliance,” she said.
Anthony Romero, ACLU executive director, accused the Trump administration of “trying to shut down speech it doesn’t like.”
“The Dear Colleague Letter is a brazen attempt to intimidate schools into abandoning lawful efforts to create inclusive learning environments,” he said. “This is a blatant attack on free speech and academic freedom, aiming to deprive students of a full and honest education.”
The department established last month an “End DEI” portal on its website where parents and others can report suspected incidents of discrimination based on race or sex in K-12 public schools.
The department published last week a “Frequently Asked Questions” website about the “Dear Colleague” as well as an “End DEI” portal where parents and others may report suspected incidents of discrimination based on race of sex in K-12 schools.
“The Dear Colleague Letter is clear: The Trump Department of Education will not allow educational institutions that receive federal funds to discriminate on the basis of race,” Craig Trainor, acting assistant secretary of education for civil rights, said in a March 1 statement.
The lawsuit was filed in U.S. District Court in New Hampshire. The court is headed by Chief Judge Landya McCafferty, an Obama appointee who drew headlines last year for issuing a preliminary injunction allowing two transgender athletes to play girls’ high school sports in defiance of state law.
Also on the court is U.S. District Judge Paul Barbadoro, a George W. Bush appointee who last year struck down the state’s ban on “divisive concepts” being taught in classrooms in response to a lawsuit filed by the ACLU of New Hampshire.
