Teachers say Trump admin's anti-DEI directive misrepresents and violates the 'body of law it purports to interpret'
Source: Law & Crime
Mar 5th, 2025, 7:44 pm
The Trump administration has hung “a sword of Damocles” over the heads of teachers and schools in their efforts to forbid diversity, equity, and inclusion (DEI) initiatives in public education, a lawsuit filed Wednesday in New Hampshire federal court alleges.
On Valentine’s Day, the civil rights division within the U.S. Department of Education (DOE) sent out a “Dear Colleague” letter to educational institutions that receive federal funding. The government warned institutions “must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond” or “face investigation and loss of federal funding.”
The plaintiffs, in their 48-page lawsuit, said the DOE’s guidance amounts to a “fundamental contradiction” by referencing civil rights law, violates “due process in failing to set clear standards,” and chills “First Amendment protected speech and expression” in a way that “could not stand no matter the process followed.” To that end, the correct — mandatory — process was not followed, the lawsuit adds.
“The Letter fails to acknowledge — let alone explain — its marked change from [the DOE’s] prior guidance and interpretations of Title VI, as well as other federal civil rights and education laws,” the filing reads. “And it fails to account for reliance interests created by decades of law, regulations, and longstanding agency guidance and interpretations. Moreover, it exceeds [the DOE’s] authority and is contrary to law, including the body of law it purports to interpret.”
Read more: https://lawandcrime.com/high-profile/fundamental-contradiction-teachers-say-trump-admins-anti-dei-directive-misrepresents-and-violates-the-body-of-law-it-purports-to-interpret/
Full headline: ‘Fundamental contradiction’: Teachers say Trump admin’s anti-DEI directive misrepresents and violates the ‘body of law it purports to interpret’
Link to SUIT (PDF viewer) - https://www.documentcloud.org/documents/25552092-nea-v-doe/
Link to SUIT (PDF) - https://s3.documentcloud.org/documents/25552092/nea-v-doe.pdf
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