CONCORD, N.H. — Nineteen states that refused to comply with a Trump administration directive aimed at eliminating diversity, equity and inclusion programs in public schools went a step further Friday, filing a federal lawsuit challenging what they consider an illegal threat to cut federal funding.
The lawsuit filed in Massachusetts by Democratic attorneys general seeks to block the Department of Education from withholding money based on its April 3 directive ordering states to certify their compliance with civil rights laws, including the rejection of what the federal government calls “illegal DEI practices.” States also were told to gather signatures from local school systems certifying their compliance by April 24.
Instead, the plaintiffs informed the government that they stand by their prior certifications of compliance with the law but refuse to abandon policies that promote equal access to education.
“Diversity, equity, and inclusion initiatives are legal efforts that help students feel safe, supported and respected. The Trump administration’s threats to withhold critical education funding due to the use of these initiatives are not only unlawful, but harmful to our children, families, and schools,” said Massachusetts Attorney General Andrea Joy Campbell.
The new lawsuit comes a day after judges in three states ruled against the Trump administration in separate but related cases.
A Maryland judge postponed the effective date of a Feb. 14 memo in which the education department told schools and colleges they needed to end any practice that differentiates people based on their race. A judge in Washington, D.C., granted a preliminary injunction against the April certification letter. And in New Hampshire, a judge ruled that the department can not enforce either document against the plaintiffs in that case, which includes one of the nation’s largest teachers’ unions.
All three lawsuits argue that the guidance limits academic freedom and is so vague that it leaves schools and educators in limbo about what they may do, such as whether voluntary student groups for minority students are still allowed.
The new lawsuit accuses the administration of imperiling more than $13.8 billion, including money used to serve students with disabilities.
“Plaintiffs are left with an impossible choice: either certify compliance with an ambiguous and unconstitutional federal directive — threatening to chill polices, programs and speech – or risk losing indispensable funds that serve their most vulnerable student populations,” the lawsuit states.
In addition to Campbell, the plaintiffs are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
The education department did not respond to a request for comment Friday. President Donald Trump’s education secretary, Linda McMahon, has warned of potential funding cuts if states do not return the certification forms.
In a Tuesday interview on the Fox Business Network, McMahon said that states that refuse to sign could “risk some defunding in their districts.” The purpose of the form is “to make sure there’s no discrimination that’s happening in any of the schools,” she said.
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