Three educator groups are suing to block the U.S. Department of Education from enforcing new civil rights guidance that targets a wide range of practices related to diversity, equity, and inclusion.
The guidance came in the form of a Dear Colleague letter to school leaders on Feb. 14. The letter cited the 2023 U.S. Supreme Court decision in Students for Fair Admissions v. Harvard, which banned race-conscious admissions policies in higher education, and warned schools against giving any consideration to race in hiring, training, discipline, student supports, graduation ceremonies, and other aspects of academic life.
The letter, from acting Assistant Secretary for the Office for Civil Rights Craig Trainor, gave schools ranging from preschools to universities until the end of the month to end all practices related to DEI or risk losing federal funding.
The lawsuit filed Tuesday in U.S. District Court by the American Federation of Teachers and the union’s Maryland affiliate, as well as by the American Sociological Association, asked a federal judge to block enforcement of the letter on the grounds that it misstates the law, doesn’t explain the legal basis for arriving at its interpretation of the law, and is so vague that it could ban nearly any activity in schools, including discussing other civil rights guidance that mentions race.
“This Letter radically upends and re-writes otherwise well-established jurisprudence,” the lawsuit states. “No federal law prevents teaching about race and race-related topics, and the Supreme Court has not banned efforts to advance diversity, equity, and inclusion in education. The Department of Education is attempting to establish a new legal regime when it has neither the lawmaking power of Congress nor the interpretative power of the courts.”
The lawsuit alleges the letter is written so broadly that it’s impossible for schools to know what they need to do to comply. The letter says schools may not use proxies for race to achieve diversity, raising questions about programs for low-income students, who are disproportionately students of color. It also warns schools against teaching about structural racism or taking race into consideration in any form.
Among the activities the letter appears to ban: “a school hosting a panel discussion by alumni on the challenges Black students might have navigating the university; a training for teachers on combatting anti-semitism; or a workshop on why use of racial slurs are harmful,” the lawsuit states.
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