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Federal judge in NH blocks Trump administration's threats over DEI in schools

Federal judge in NH blocks Trump administration's threats over DEI in schools

Yahoo24-04-2025
CONCORD — A New Hampshire federal judge has barred the U.S. Department of Education from carrying out its threats to pull federal funding from public schools that don't eliminate diversity, equity and inclusion programs and initiatives.
Judge Landya McCafferty issued a preliminary injunction Thursday blocking the U.S. Department of Education, led by Secretary Linda McMahon, from enforcing numerous threats made to American public schools since the start of President Donald Trump's second term.
The order states the U.S. Department of Education cannot enforce a February 'Dear Colleague' letter and an April federal civil rights compliance certification form, which both threaten federal funding being removed from public schools. McCafferty's order also blocks the U.S. Department of Education from taking action against any school district at the heart of any complaint made via the agency's 'End DEI' online portal, which encourages reports about 'illegal discriminatory practices at institutions of learning,' according to the website.
McCafferty wrote Thursday the defendant cannot enforce any action against 'the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more plaintiffs or one or more of plaintiffs' members.'
"The ban on DEI embodied in the 2025 ('Dear Colleague') Letter leaves teachers with a Hobson's choice," McCafferty wrote Thursday. "If they fail to abide by the ill-defined standards set forth in the letter, they leave themselves open to (1) their school's decision to terminate their employment or curb their work in order to preserve essential federal funding, (2) public ostracization based on one person's view of what 'DEI' is, or (3) potential disciplinary proceedings that put their license at risk. But even if they endeavor to abide by the 2025 Letter's requirements, they risk failing to comply with certification requirements necessary for retention of their professional credentials. All while not being afforded a reasonable opportunity to know what the 2025 Letter even requires of them. The Constitution requires more."
The Trump administration's crusade against DEI programming in American public schools took center stage in New Hampshire, as the National Education Association and the American Civil Liberties Union of New Hampshire filed a lawsuit against the U.S. Department of Education. The Center for Black Educator Development is another co-plaintiff, and three local school districts - the Dover, Oyster River and Somersworth school systems - make up another small group planning to sign on to the lawsuit.
A hearing on the three plaintiffs' motion for preliminary injunction was held at the Warren G. Rudman U.S. Courthouse Concord on Thursday, April 17. Their entire request for injunction was granted Thursday with McCafferty's order.
"This injunction shall take effect immediately and shall remain in effect pending further order of this court," her order adds.
Sarah Hinger, a national ACLU attorney and deputy director of its Racial Justice Program, led the plaintiffs' arguments last week.
She and Gilles Bissonnette, the legal director for the ACLU of New Hampshire, called McCafferty's ruling a victory for "academic freedom" in the United States.
"Every student deserves an education that reflects the full diversity of our society, free from political interference,' Hinger said in a prepared statement. 'The federal government has no authority to dictate what schools can and cannot teach to serve its own agenda, and this ruling is an important step in reaffirming that.'
"Every student, both in the Granite State and across the country, deserves to feel seen, heard, and connected in school - and that can't happen when classroom censorship laws and policies are allowed to stand," Bissonnette added in his own prepared statement.
U.S. Department of Education attorney Abhishek Kambli indicated in the Concord courthouse last week the agency would appeal if McCafferty ruled in favor of the plaintiffs.
Over 160 New Hampshire public school districts — including all of SAU 50 (comprising Greenland, New Castle, Newington and Rye students) and the Hampton and Seabrook districts — all signed and submitted the certification form due Thursday, per the New Hampshire Department of Education's compliance tracker. There were several holdouts, including the Dover, Oyster River and Somersworth school districts.
More: Exeter area SAU 16 board votes to sign DEI compliance order. Here's why.
The New Hampshire Department of Education required all state public school districts to fill out the form by last Thursday, April 17, though the U.S. Department of Education's deadline was set for Thursday.
The Exeter area SAU 16 Joint Board voted Monday to authorize Superintendent Esther Asbell to sign the federal compliance form, believing it is in compliance already. SAU 16 represents students from the Brentwood, East Kingston, Exeter, Kensington, Newfields and Stratham school districts, in addition to the Exeter Region Cooperative School District.
The Portsmouth school district submitted the certification this month but rescinded it days later. SAU 52 intended to join the federal lawsuit alongside other area school districts but has dropped the plan for now.
Susan Morrell, Portsmouth's city attorney, briefed the City Council on the matter Monday evening.
'The city will continue to follow this lawsuit carefully and take its own actions in regard to the certification letters that are being demanded,' Morrell said. 'If there is an injunction, we believe that we'll be protected under that umbrella, as well, even though we're not part of that lawsuit.'
(This story has been updated with new information.)
This article originally appeared on Portsmouth Herald: Judge in NH blocks Trump administration's threats over DEI in schools
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Trump Leaves Alaska Empty-Handed
Trump Leaves Alaska Empty-Handed

Atlantic

time26 minutes ago

  • Atlantic

Trump Leaves Alaska Empty-Handed

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Donald Trump Grades His Meeting With Vladimir Putin as a 10 of 10
Donald Trump Grades His Meeting With Vladimir Putin as a 10 of 10

Newsweek

timean hour ago

  • Newsweek

Donald Trump Grades His Meeting With Vladimir Putin as a 10 of 10

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Native Ukrainian left speechless after ‘no deal' summit
Native Ukrainian left speechless after ‘no deal' summit

USA Today

time2 hours ago

  • USA Today

Native Ukrainian left speechless after ‘no deal' summit

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