A federal lawsuit has been filed in Maryland challenging a Trump administration directive that requires the removal of “race-based” practices in educational institutions within two weeks, or face the potential loss of federal funding.
The American Federation of Teachers and the American Sociological Association initiated the lawsuit on Tuesday, arguing that the Education Department’s memo issued on February 14 infringes on both the First and Fifth Amendments. They claim that the directive compels institutions to adopt only federally approved perspectives, thereby violating free speech, and is so ambiguous that schools might struggle to identify which practices are unacceptable.
The lawsuit criticizes the letter for unsettling long-established legal principles and asserts that no federal regulation prohibits discussions of race and related subjects in education. Furthermore, it contends that the Supreme Court has not prohibited efforts aimed at promoting diversity, equity, and inclusion in educational settings.
Formally titled a Dear Colleague Letter, the memo instructs educational institutions to discontinue any practices that differentiate individuals based on race, with a compliance deadline set for the coming Friday. This action is purportedly grounded on a Supreme Court decision that prohibits racial considerations in college admissions, with the memo suggesting the ruling should extend to all aspects of federally funded education.
The Trump administration’s stated intention is to eliminate what it considers prevalent discrimination in educational environments, frequently affecting white and Asian American students. This policy marks a significant expansion of the focus of the Supreme Court ruling, which primarily addressed race-conscious college admissions policies. The February memo extends this ruling to encompass admissions, hiring, financial aid, campus life, and graduation practices.
In opposition, the lawsuit claims that the Education Department has exceeded its authority by broadly interpreting the Supreme Court decision. It raises concerns regarding portions of the memo that criticize educational content on “systemic and structural racism.” The lawsuit argues that comprehensive U.S. history education would be practically impossible without addressing topics like slavery, the Missouri Compromise, and the Emancipation Proclamation, among others that might conflict with the memo’s stipulations.
As of yet, the department has not provided a response to requests for comment.
In the memo, Craig Trainor, serving as the acting assistant secretary for civil rights, stated that diversity, equity, and inclusion initiatives have inadvertently incorporated racial stereotypes into educational environments. “However, discrimination based on race, color, or national origin remains illegal,” Trainor emphasized.
The lawsuit claims the broad scope of the Dear Colleague Letter could even restrict voluntary student organizations formed around shared racial or cultural backgrounds, such as Black student unions or Irish-American heritage groups. It also argues that the memo could eliminate race-inclusive recruitment strategies not covered by the Supreme Court’s decision.
The lawsuit seeks a court order to prevent the enforcement of the memo and ultimately void it.
The American Federation of Teachers, one of the largest teacher unions in the U.S., along with the American Sociological Association, which consists of approximately 9,000 members, argue that their educational activities and support for student organizations could risk federal funding under the directives of the memo.
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