Trump’s DEI ban in K-12 schools, higher ed ruled ‘unlawful’ by federal judge

The Lyndon Baines Johnson Department of Education Building in Washington, D.C., pictured on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom)

WASHINGTON —  A federal judge in Maryland has struck down the U.S. Education Department’s attempts to do away with diversity, equity and inclusion practices in schools.

The Thursday ruling marks a blow to President Donald Trump’s administration as it continues to take significant strides to try to crack down on DEI efforts across the federal government.

U.S. District Judge Stephanie A. Gallagher found both an agency Dear Colleague letter threatening to yank federal funds for schools from K-12 through colleges and universities that use race-conscious practices in aspects of student life and a memo ordering state education leaders to certify compliance to be “unlawful,” vacating the two.

Gallagher’s ruling follows a lawsuit from the American Federation of Teachers union and its affiliate, AFT-Maryland, as well as the American Sociological Association and a public school district in Oregon.

She noted that both the letter and certification requirement are “unconstitutionally vague.”

Gallagher is one of three federal judges who blocked different parts of the agency’s initiatives back in April, which brought enforcement of the letter and the memo on certifying compliance to a halt.

“The administration is entitled to express its viewpoints and to promulgate policies aligned with those viewpoints,” wrote Gallagher, who was appointed by Trump. “But it must do so within the procedural bounds Congress has outlined. And it may not do so at the expense of constitutional rights.”

Feb. 14 letter to states

The department drew swift legal action after sending a Feb. 14 letter to school districts that threatened to rescind federal funds for schools that use race-conscious practices in programming, admissions, scholarships and other aspects of student life.

The letter gave a sweeping interpretation of a U.S. Supreme Court ruling in 2023, which struck down the use of affirmative action in college admissions.

The four-page letter raised a myriad of questions for schools over what exactly fell within the requirements. The department in March issued a Frequently Asked Questions document on the letter in an attempt to provide more guidance.

Adding fuel to the fire, the department in April gave state education leaders just days to certify all K-12 schools in their states were complying with the letter in order to keep receiving federal financial assistance.

Reaction from department, union

“While the Department is disappointed in the judge’s ruling, judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level,” a spokesperson for the department said in a statement shared with States Newsroom on Friday.

“The Department remains committed to its responsibility to uphold students’ anti-discrimination protections under the law,” the spokesperson added.

Randi Weingarten, president of the American Federation of Teachers, said “the court agreed that this vague and clearly unconstitutional requirement is a grave attack on students, our profession, honest history, and knowledge itself,” in a Thursday statement.

Weingarten added that “it would hamper efforts to extend access to education, and dash the promise of equal opportunity for all, a central tenet of the United States since its founding.”