Lawsuit filed in NH challenges Trump's DEI ban in schools
Mar. 5—The nation's largest teachers' union filed a lawsuit Wednesday in federal court in New Hampshire against the U.S. Department of Education, looking to stop enforcement of a directive threatening to pull federal funding from schools with race-based programming, arguing it violates free speech rights of teachers and students.
The lawsuit, filed in U.S. District Court in Concord by the National Education Association (NEA) along with the National Education Association — New Hampshire (NEA-NH), the American Civil Liberties Union (ACLU) and the ACLU-NH, is the second lawsuit to challenge the DOE's February 14 "Dear Colleague" letter, which threatened federal funding cuts for education institutions nationwide for engaging in diversity, equity, and inclusion (DEI) efforts; and a 14-day window before "appropriate measures" would be taken.
The American Federation of Teachers and the American Sociological Association sued the department over the letter on Feb. 25.
The lawsuit argues the DOE 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.
"Across the country educators do everything in their power to support every student, no matter where they live, how much their family earns, or the color of their skin, ensuring each feels safe, seen, and is prepared for the future," Becky Pringle, president of the National Education Association, said. "We're urging the court to block the Department of Education from enforcing this harmful and vague directive and protect students from politically motivated attacks that stifle speech and erase critical lessons."
The lawsuit challenges the letter on four legal grounds: violation of the First Amendment (unconstitutionally restricts speech by prohibiting educators from teaching about race, diversity, equity, and inclusion); violation of the Fifth Amendment (fails to define key terms and practices); violation of the Administrative Procedure Act (APA) (imposes new legal obligations without the required process and justification); and claims the letter misrepresents the Supreme Court's 2023 ruling in Students for Fair Admissions v. Harvard. Advocates say the decision in that case only addressed race as a formal admissions factor in higher education, and did not ban curriculum, student groups, DEI programming, or race-neutral diversity initiatives.
The lawsuit argues the DOE 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.
"Like New Hampshire's classroom censorship law that we successfully challenged in court, this unconstitutionally vague letter is an attack on educators who are simply doing their job," said Gilles Bissonnette, legal director of the ACLU of New Hampshire. "Teachers are already reporting being afraid to teach for fear of having their teaching deemed unlawful, and that deprives Granite State students of the complete education that they deserve."
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