Hours before the deadline for states to certify that diversity, equity, and inclusion (DEI) programs have ended in public schools, a federal court halted the Trump administration’s requirement, siding with the National Education Association teachers’ union.
The Department of Education told its state counterparts to review policies and practices across all school districts and certify compliance with Title VI, which prohibits agencies that receive federal money from discriminatory practices by race or national origin. The national teachers’ union, with guidance from the American Civil Liberties Union, filed a lawsuit asking a court to overturn that action last month.
The initial “Dear Colleague” letters were sent to states in February, and the certification deadline was extended to April 24.
“When schools agree to receive federal funding, they are legally obligated to comply with federal antidiscrimination laws, which have been the law of the land for years,” Julie Hartman, Department of Education spokeswoman, said in an April 24 email to The Epoch Times before the federal injunction was announced.
“The department is evaluating next steps for those who do not comply with this basic responsibility.”
Judge Landya McCafferty ruled that the Department of Education’s letter outlining the certification requirements was vague and did not provide examples of DEI practices that violated civil rights laws.
“An elementary school teacher could seek to establish a class culture of equitable and inclusive treatment by asking her students sign a collective pledge to follow the ‘Golden Rule’ for the entire school year. It is more than arguable that such a practice would come within the ocean-wide definition of DEI set forth above,” she wrote.
“The government cannot simply tell people to ‘be good’ and leave it up to the enforcers to decide what ‘good’ is.”
State education departments in California, Connecticut, Minnesota, New Jersey, New York, Oregon, and Washington previously announced that they wouldn’t be providing a signed letter of certification to the federal Education Department, according to their respective websites.
Some of those agencies reported that they already provided proof of Title VI compliance in accordance with their own state laws or under the federal guidance of prior administrations. Former President Joe Biden embraced DEI and did not view such programs as illegal.
The Department of Education previously confirmed that Puerto Rico, a U.S. commonwealth, was the first to comply with the order. A review of state education department websites indicated that New Hampshire, Idaho, and Oklahoma were also cooperating with the certification request.
In Arizona, the education commissioner and the attorney general were at odds over the requirement.
After the court decision, National Education Association President Becky Pringle said that the preliminary injunction ensures that schools can continue their educational mission “without fear of federal retaliation” as this litigation continues.
Hartman said the Department of Education does not have a statement at this time regarding the court action.
