In their complaint, the plaintiffs allege that the Department of Education “has no authority to dictate curriculum or educational programs.”
The American Civil Liberties Union and the National Education Association have filed a lawsuit against the Trump administration, claiming that the Department of Education overstepped its authority by instructing all federally-funded schools to eliminate diversity, equity, and inclusion programs.
According to USA Today, the lawsuit was filed by the American Civil Liberties Union of New Hampshire, the American Civil Liberties Union of Massachusetts, and the National Education Association, a large teachers’ union. Collectively, the groups are representing at least three New Hampshire teachers, all of whom are members of the NEA.
In their complaint, the plaintiffs allege that the Department of Education “has no authority to dictate curriculum or educational programs.”
Furthermore, attorneys say that the Trump administration’s dictate most likely violates provisions of the First Amendment by placing undue restrictions on what types of content educators can and cannot teach.
The lawsuit cites a letter written by Craig Trainor, the current acting assistant secretary for the Education Department. In the letter, Trainor directed teachers, professors, and administrators to immediately cease DEI programming in “admissions, hiring, promotion, compensation, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”
“Discrimination on the basis of race, color, or national origin is illegal and morally reprehensible,” Trainor wrote. “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices.”
However, the American Civil Liberties Union and the National Education Association say that teachers across the country have already incorporated “issues of race, diversity, equity, and inclusion in the content and approach to their teaching, in their broader educational practices, and in training and support for educators, all in accordance with sound pedagogical practice.”
By prohibiting DEI programming in schools, the ACLU and NEA claim, the Department of Education will most likely disrupt longstanding lesson plans and chill the First Amendment rights of students and educators alike.
“The Trump administration is threatening to punish students, parents and educators in public schools for […] fostering inclusive classrooms where diversity is valued [and] history is taught honestly,” NEA-New Hampshire President Becky Pringle said in a statement. “We’re urging the court to block the Department of Education from enforcing this harmful and vague directive and protect students from politically motivated attacks that stifle speech and erase critical lessons.”
“Teaching should be guided by what’s best for students, not by threat of illegal restrictions and punishment,” Pringle said.
Sources
Lawsuit seeks to block Trump administration’s anti-DEI in education order
NEA-ACLU Lawsuit Challenges Trump’s Anti-DEI “Dear Colleague” Letter
New lawsuit challenges Trump’s DEI restrictions, citing fears of NH educators
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