Federal Judges Block Trump’s Funding Cuts to Schools

By Nate Raymond

(Reuters) – Federal judges in Maryland and New Hampshire on Thursday blocked President Donald Trump’s administration from cutting funding to public schools engaging in diversity, equity, and inclusion (DEI) efforts.

The dual rulings stemmed from lawsuits by teachers’ unions aiming to prevent the U.S. Department of Education from eliminating funds to K-12 schools and universities that did not halt what it termed “discriminatory” DEI initiatives.

The Education Department did not respond immediately but is likely to appeal both decisions. The contested policy was indicated in a February 14 “Dear Colleague” letter from the Education Department, reminding schools receiving federal funds of their civil rights law obligations.

The letter accused schools of adopting “pervasive and repugnant race-based preferences” and indoctrinating students about systemic racism. It claimed DEI advocates were “smuggling” classified practices into training and advised schools that legal actions would follow if their practices did not comply.

However, U.S. District Judge Landya McCafferty in New Hampshire sided with the National Education Association and other groups, declaring the policy unconstitutionally vague and a violation of free speech rights under the First Amendment. Judge McCafferty noted that while the letter expressed the Education Department’s view on DEI programs violating Title VI of the Civil Rights Act of 1964, it did not clarify what constitutes a “DEI program.”

She emphasized that the concept of DEI is broad, allowing for various interpretations of its values in school programs or practices. The ruling indicated that targeting educators for their viewpoints on structural racism infringed their constitutional rights as well.

Following McCafferty’s ruling, U.S. District Judge Stephanie Gallagher in Baltimore also halted the Education Department’s policy, responding to the American Federation of Teachers and other organizations. Gallagher ruled that the Education Department did not follow appropriate rulemaking processes and lacked authority under the Department of Education Organization Act of 1979.

This act prohibits the Education Department from directing or overseeing a school’s curriculum or instructional materials.

Skye Perryman, from the liberal legal group Democracy Forward, representing the plaintiffs in the Maryland case, stated that the ruling “affirms what we have always known: this administration’s attempts to censor schools, teachers, educators, colleges, and universities is unlawful.”