On Friday, nineteen states that rejected a Trump government directive to eliminate diversity, equity, and inclusion programs in public schools took further action by filing a federal lawsuit. They argue this directive represents an unlawful threat to reduce the federal budget.
The Massachusetts lawsuit by Democratic attorneys general aims to prevent the Department of Education from holding back funds following its April 3 directive requiring states to attest to their adherence to civil rights laws, including the denial of what the federal government refers to as “illegal DEI practices.” States were also instructed to obtain declarations from local school systems attesting to their submission by April 24.
Rather, the plaintiffs notified the administration that they maintain their previous credentials of legal compliance but will not give up procedures that advance accessibility to education.
“Diversity, equity, and inclusion programs are lawful measures that make our pupils feel secure, defended, and respected. The Trump government’s threats to deny necessary education funding if these programs are used are not only illegal, but also detrimental to our children, households, and schools,”
Massachusetts Attorney General Andrea Joy Campbell stated.
The fresh lawsuit is a day after three magistrates dismissed the Trump government in unrelated but connected cases.
A Maryland judge delayed the practical date of a February memo when the Education Department instructed schools and colleges that they must discontinue any method of distinguishing people by race. A Washington, DC, judge issued a preliminary request against the April certification letter. And in New Hampshire, a judge said the department could not implement either document against the defendants in that matter, including one of the country’s largest teachers’ unions.
All three complaints contend that the guidance restricts academic space and is so imprecise that it puts schools and educators in suspense regarding what they can do, including whether voluntary pupil groups for minority students are still permissible.
The new lawsuit claims the government has put at risk over $13.8 billion, including funds spent serving disabled students. “Plaintiffs are faced with an unimaginable choice: certify adherence with a vague and unconstitutional federal mandate — risk chilling procedures, programs and speech – or risk failing indispensable budgets that serve their most helpless student populations,” the lawsuit alleges.
Besides Campbell, the plaintiffs also include the attorneys general of California, Colorado, Connecticut, Maryland, Michigan, Delaware, Hawaii, Illinois, Minnesota, New Mexico, New York, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
During an interview with Fox Business on Tuesday, McMahon stated that states refusing to sign would “risk some defunding in their districts.” The intent of the form is “to ensure there’s no prejudice that’s occurring in any of the schools,” she added.
