NH judge temporarily blocks Trump push to withhold school funds over DEI

Yahoo

24-04-2025

A federal judge in Concord issued a ruling Thursday temporarily blocking the Trump administration from acting on threats to withhold funds from K-12 public schools that defy his orders forbidding diversity, equity and inclusion policies.
The 82-page ruling from U.S. District Court Judge Landya McCafferty granting a preliminary injunction is the latest development in a lawsuit filed March 5 by the American Civil Liberties Union, the ACLU of New Hampshire, the ACLU of Massachusetts, the National Education Association, and the National Education Association–New Hampshire.
Also joining the case is the Center for Black Educator Development.
DEI ruling
The lawsuit challenges the U.S. Department of Education's Feb. 14 'Dear Colleague' letter, which threatened federal funding cuts for schools nationwide if they engage in DEI efforts and imposed a 14-day window before 'appropriate measures' would be taken.
The suit argues the Education Department overstepped its legal authority by imposing 'unfounded and vague legal restrictions' that violate due process and the First Amendment, limit academic freedom, and dictate what educators can teach and what students are allowed to learn.
In her ruling, McCafferty wrote the ban on DEI embodied in the 'Dear Colleague' letter leaves teachers with a 'Hobson's choice,' defined as an apparently free choice when there is no real alternative.
'If they fail to abide by the ill-defined standards set forth in the letter, they leave themselves open to their school's decision to terminate their employment or curb their work in order to preserve essential federal funding, public ostracization based on one person's view of what 'DEI' is, or potential disciplinary proceedings that put their license at risk,' McCafferty wrote.
'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 lawsuit argues the Education Department has no authority to dictate curriculum or educational programs, and that federal law protects educational institutions' ability to shape their own curriculum, including programs that reflect and celebrate diversity.
The preliminary injunction issued Thursday prevents the the department from enforcing the directive while litigation continues.
Gilles Bissonnette, legal director of the ACLU of New Hampshire, called Thursday's ruling a victory for academic freedom, the free speech rights of educators, and for New Hampshire students who have 'a right to an inclusive education free from censorship.'
'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."
National Education Association President Becky Pringle said the ruling allows educators and schools to 'continue to be guided by what's best for students, not by the threat of illegal restrictions and punishment.'
In her ruling, McCafferty mentioned a middle school social studies teacher in New Hampshire whose classes include lessons on the American Civil War, the Reconstruction Era, and their aftermath — including discussions of race and how race and perceptions toward different racial groups has shaped American history.
'But given the 2025 letter's prohibition on teaching students that America is 'built upon' racism, this teacher now fears being accused of engaging in discrimination for doing no more than teaching historical facts,' McCafferty writes.
The case will now continue as the court considers whether to permanently block the Education Department's directive.
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