Latest news with #DearColleague
CNN
25-04-2025
- Politics
- CNN
Three judges, including two Trump appointees, rule against the Department of Education's anti-DEI policy
President Donald Trump's efforts to crackdown on diversity, equity and inclusion programs suffered a major legal blow Thursday as three separate judges – two of them appointed by the president – ruled against a Department of Education policy that threatened to withhold federal funding for schools engaging in DEI or incorporating race in certain ways in many other aspects of student life. The policy was first laid out in a so-called Dear Colleague letter sent to schools in February. Starting this month, schools receiving federal funding would be subject to certain certification mandates requiring that they turn over information regarding their compliance with the Trump administration's prohibitions. US District Judge Landya McCafferty said in a scathing opinion that the administration's policy, was 'textbook viewpoint discrimination,' likely violating the First Amendment's free speech protections. She and another judge, US District Judge Dabney Friedrich, a Trump appointee, also concluded that the policy was likely unconstitutionally vague. She also concluded that the National Education Association, the administration's opponent in the case, was likely to succeed in its arguments that the policy was unconstitutionally vague and that the agency ran afoul of procedural steps required by law in how it implemented the policy. 'The ban on DEI embodied in the 2025 Letter leaves teachers with a Hobson's Choice,' McCafferty, a Barack Obama appointee who sits in New Hampshire, wrote, noting that the educators must choose between teaching curricula that invites penalty from the federal government or risking their professional credentials by aiding the Trump policy. 'The Constitution requires more,' she wrote. Friedrich, a Trump appointee who announced her ruling after a hearing Thursday in Washington DC, said that the letter failed to 'delineate between a lawful DEI practice and an unlawful one,' making the task of reviewing compliance too difficult. The third ruling against the policy came from Judge Stephanie Gallagher, a Trump appointee who sits in Baltimore. She found that the Dear Colleague letter ran afoul of procedural requirements required by law for implementing new agency policy. 'This Court takes no view as to whether the policies at issue here are good or bad, prudent or foolish, fair or unfair,' Gallagher said in her ruling. 'But this Court is constitutionally required to closely scrutinize whether the government went about creating and implementing them in the manner the law requires. The government did not.' The rulings come after the Trump administration reached a short-term agreement with the challengers in the New Hampshire case to pause enforcement of the policy while the judge considered whether to issue a preliminary injunction. That agreement was set to expire on Thursday. Trump has waged war on DEI efforts since the start of his second term and has taken action against several elite universities, demanding changes to their DEI programs. The administration has already rolled back DEI programs, arrested international students and revoked their visas, and frozen federal funding for schools that have refused to submit to its demands. The administration froze over $2 billion in multi-year grants and contracts at Harvard University after its leaders refused to make key policy changes, including eliminating DEI programs, resulting in a clash over academic freedom, federal funding and campus oversight as Harvard sued the federal government. Policy changes were also demanded of Columbia University, though the school later announced several changes to address the Trump administration's demands, an apparent concession to the federal government. The NAACP, which filed the case in DC's federal court, said Friedrich's ruling 'is a victory for Black and Brown students across the country, whose right to an equal education has been directly threatened by this Administration's corrosive actions and misinterpretations of civil rights law.' The group representing the teachers' associations and public school district that sued over the policy in Baltimore also celebrated the ruling there. 'This ruling is a win for educators, students and communities across the nation,' Democracy Forward President and CEO Skye Perryman said. 'The nationwide injunction will pause at least part of the chaos the Trump administration is unleashing in classrooms and learning communities throughout the country.' This story has been updated with additional developments.
Yahoo
24-04-2025
- Politics
- Yahoo
Federal judge in NH blocks Trump administration's threats over DEI in schools
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
Yahoo
24-03-2025
- Politics
- Yahoo
University of Oregon's DEI practices under federal scrutiny amid nationwide crackdown
The University of Oregon is among 51 universities under federal investigation as part of the U.S. Department of Education's broader effort to crack down on diversity, equity, and inclusion (DEI) initiatives in higher education. The University of Oregon is being investigated by the U.S. Department of Education's Office over "racial preferences and stereotypes" in its graduate program. UO is one of dozens of universities being investigated, with allegations that it and other institutions have violated Title VI of the Civil Rights Act (1964) for "race-exclusionary practices." According to the Education Department's announcement, the investigation centers around the schools' partnership with The PhD Project, a nonprofit aimed at supporting traditionally underrepresented groups in academia. Additionally, seven universities are being investigated 'for alleged impermissible race-based scholarships and race-based segregation.' UO is not on that list. This investigation follows the "Dear Colleague" letter from Feb. 14, which ordered schools to ban diversity, equity and inclusion efforts or risk losing federal funding. The Dear Colleague letter alleged that U.S. educational institutions have discriminated against students based on race, including white and Asian students. Locally, the Eugene School District 4J joined a national lawsuit challenging the letter. "We take this complaint seriously," UO stated. "We have recently reviewed all of our practices and believe that the University of Oregon is in compliance with the law. We have continued to review policies and practices in light of the Administration's Executive Orders and look forward to working with the Office for Civil Rights to resolve this complaint." The investigation is part of a broader federal crackdown on DEI efforts in education, which escalated March 20 when President Donald Trump signed an executive order to dismantle the Department of Education. While details on the restructuring remain unclear, the move signals a significant shift in federal oversight of higher education institutions. The universities under investigation for the PhD Project include: Arizona State University – Main Campus. Boise State University. Cal Poly Humboldt. California State University – San Bernadino. Carnegie Mellon University. Clemson University. Cornell University. Duke University. Emory University. George Mason University. Georgetown University. Massachusetts Institute of Technology (MIT). Montana State University-Bozeman. New York University (NYU). Rice University. Rutgers University. The Ohio State University – Main Campus. Towson University. Tulane University. University of Arkansas – Fayetteville. University of California-Berkeley. University of Chicago. University of Cincinnati – Main Campus. University of Colorado–Colorado Springs. University of Delaware. University of Kansas. University of Kentucky. University of Michigan-Ann Arbor. University of Minnesota-Twin Cities. University of Nebraska at Omaha. University of New Mexico – Main Campus. University of North Dakota – Main Campus. University of North Texas – Denton. University of Notre Dame. University of NV – Las Vegas. University of Oregon. University of Rhode Island. University of Utah. University of Washington-Seattle. University of Wisconsin-Madison. University of Wyoming. Vanderbilt University. Washington State University. Washington University in St. Louis. Yale University. The universities under investigation for race-based scholarships include: Grand Valley State University. Ithaca College. New England College of Optometry. University of Alabama at Birmingham. University of Minnesota-Twin Cities. University of South Florida. University of Oklahoma, Tulsa School of Community Medicine. This article originally appeared on Register-Guard: UO's DEI practices under federal scrutiny amid nationwide crackdown
Yahoo
14-03-2025
- Politics
- Yahoo
Education Department probes more than 45 universities for Title VI violations
March 14 (UPI) -- The United States Department of Education said Friday that has opened investigations into seven universities that are being accused of race-related improprieties. The department's Office for Civil Rights said in a press release that it opened investigations into 45 universities under Title VI of the Civil Rights Act of 1964, which states that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Educational institutions that receive federal funding originally received a Dear Colleague Letter in February that insisted each dump their diversity, equity, and inclusion practices, worded as each must "cease using race preferences and stereotypes," regarding "their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond," with the warning that any "institutions that fail to comply may, consistent with applicable law, face investigation and loss of federal funding." The OCR also stated that it has opened investigations at Grand Valley State University, Ithaca College, New England College of Optometry, University of Alabama, University of Minnesota-Twin Cities, University of South Florida and University of Tulsa School of Medicine, six of which for "allegedly awarding impermissible race-based scholarships," and one for "allegedly administering a program that segregates students on the basis of race." The statement did not specify which school was singled out for alleged segregation. Sixty universities are also under OCR scrutiny for alleged anti-Semitism, as the Education Department announced Monday after federal authorities canceled $400 million worth of grants to Columbia University last week, citing the school's response to pro-Palestinian protests on its New York City campus.
Yahoo
04-03-2025
- Politics
- Yahoo
Education Department Clarifies Anti-DEI Guidance
The Education Department has released a document with additional guidance for schools trying to implement an earlier "Dear Colleague" letter. That letter, released last month, directed educational institutions to halt a wide range of racially discriminatory behavior. While the original letter mostly directed schools to follow civil rights law and Supreme Court precedent, a passage restricting Diversity, Equity, and Inclusion (DEI) programs caused concern among some First Amendment experts. The letter stated that such programs frequently "teach students that certain racial groups bear unique moral burdens that others do not" and thus "deny students the ability to participate fully in the life of a school." "The way 'teach' is going to be interpreted, is going to be very important when looking at this 'Dear Colleague' letter," Robert Shibley, special counsel for campus advocacy at the Foundation for Individual Rights and Expression (FIRE), told Reason last month. "I do think there's legitimate concerns to be had there. And I think it's important that the department clarify that sooner rather than later." This document attempts to do just that. Thankfully, the letter attempts to assuage free speech concerns, stating that nothing in the new policy "requires or authorizes a school to restrict any rights otherwise protected by the First Amendment." The document also declared that the department wouldn't go after any program solely because it uses "specific terminology such as 'diversity,' 'equity,' or 'inclusion,'" but rather would focus on outright racial discrimination, which may be part of some DEI programs. "Schools may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races," the letter reads. "For example, schools with programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all students regardless of race." The letter also clarified that identity-based observances like Black History Month are acceptable, as long as the events are open to all students. But some ambiguity remains, given the friction between wide-ranging free speech protections and laws that bar colleges from allowing a "hostile environment." The "First Amendment rights of students, faculty, and staff, and the curricular prerogatives of states and local school agencies do not relieve schools of their Title VI [of the 1964 Civil Rights Act] obligations not to create hostile environments through race-based policies and stereotypes," the document reads. "Nor does it relieve them of their duty to respond to racial harassment that creates a hostile environment." Will this be interpreted so expansively as to go after, say, a peaceful Palestinian protest that is accused of being antisemitic? We'll soon see. The post Education Department Clarifies Anti-DEI Guidance appeared first on
