Federal judge blocks Trump from carrying out threats to schools over DEI
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Pres. Trump signs new order on DEI at schools
President Trump signed two new executive orders related to education and diversity.
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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.
More: Government watchdog declares DEI dead at the Pentagon
Judge Landya McCafferty issued a sweeping order April 24 blocking the Education Department, led by Secretary Linda McMahon, from enforcing numerous threats the executive branch has issued to American public schools during President Donald Trump's second term.
The order states the federal Education Department 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 Education Department 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 April 24 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 (the) plaintiffs' members.'
"This injunction shall take effect immediately and shall remain in effect pending further order of this court," McCafferty's order states.
More: Pres. Trump signs new order on DEI at schools
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 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 in Concord on April 17. Their entire request for injunction was granted a week later, on April 24, with McCafferty's order.
Department of Education will likely appeal
Abhishek Kambli, the attorney representing the U.S. Department of Education, indicated in the Concord courthouse at the first hearing that the agency would appeal if McCafferty ruled in favor of the plaintiffs.
Over 160 New Hampshire public school districts – including 50 school administrative units (comprising Greenland, New Castle, Newington and Rye students) and the Hampton and Seabrook districts – signed and submitted the certification form, per the New Hampshire Department of Education's compliance tracker. There were several holdouts, including the Dover, Oyster River and Somersworth school districts.
The New Hampshire Department of Education required all state public school districts to fill out the form by April 17, though the U.S. Department of Education's deadline was set a week later, on April 24.
A joint board for the schools voted Monday to authorize Superintendent Esther Asbell to sign the federal compliance form for students from the Brentwood, East Kingston, Exeter, Kensington, Newfields and Stratham school districts, in addition to the Exeter Region Cooperative School District.
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