A federal judge on Thursday blocked the Trump administration’s effort to ban diversity, equity and inclusion (DEI) initiatives and racial preferences in schools.
The lawsuit, brought on by the American Federation of Teachers (AFT), challenged the Department of Education’s (ED) February guidance informing schools that racial preferencing and other DEI tactics would not be tolerated. The Trump-appointed judge ruled the administration’s letter and directive for schools to submit proof of compliance with the order would “substantially alter the legal obligations of schools and educators without employing the procedures necessary to implement such a change” and illegally regulate speech in the classroom.
“Because the Letter ‘effects a substantive change in existing law or policy’ by imposing new legal obligations on regulated parties, it surpasses the bounds of an interpretive rule,” the court order said of the February Dear Colleague Letter, which is meant to clarify an agency’s interpretation of a law or rule. “Because the Letter substantively alters the legal landscape in ways that have the force and effect of law, it must be a legislative rule … subject to all requirements for promulgating a legislative rule.”
AFT did not respond to the Daily Caller News Foundation’s request for comment.
“While the Department is disappointed in the judge’s ruling, judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level,” a spokesman for ED told the DCNF. “The Department remains committed to its responsibility to uphold students’ anti-discrimination protections under the law.”
ED’s February guidance did not outright ban DEI, but stated that “Schools may not intentionally discriminate on the basis of race, color, or national origin in their programs or activities” and “Schools may not operate policies or programs under any name that intentionally treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races.” Programs labeled with DEI terms would be evaluated on a case-by-case basis, the memo stated.
The letter was largely based on the 2023 Supreme Court ruling that banned affirmative action policies due to their infringement on civil rights. The same judge granted a stay on the letter in April, citing a likely violation of the Administrative Procedure Act (APA), especially since noncompliance was said to result in funding cuts.
Despite this, the administration has pursued several investigations into allegedly illegal discrimination by citing the Civil Rights Act and Supreme Court case alone rather than the February letter.
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