CONCORD, N.H. — A coalition of nineteen states has upped the ante against the Trump administration by filing a federal lawsuit following a directive perceived as a push to dismantle diversity, equity, and inclusion (DEI) programs in public schools. This legal move, announced on Friday in Massachusetts, comes from Democratic attorneys general challenging what they view as a coercive threat to federal funding if states do not comply.
The directive in question, issued on April 3 by the Department of Education, mandated states to affirm adherence to civil rights laws, effectively calling for the abandonment of what the federal body termed “illegal DEI practices.” This order also demanded local school districts to corroborate their compliance by obtaining relevant signatures by April 24.
Refusing to be swayed, the involved states clarified that they remain firm in their commitment to existing compliance certifications, emphasizing their intention to uphold policies designed to ensure equal educational opportunities.
“Diversity, equity, and inclusion efforts are legitimate strategies that foster a safe and supportive learning environment,” argued Massachusetts Attorney General Andrea Joy Campbell. “The Trump administration’s threats to withdraw critical educational funding if these initiatives persist are both unlawful and detrimental to our schools and communities,” she added.
This latest legal action follows closely on the heels of judicial decisions in separate but related litigations across three states that have similarly rebuffed the administration’s stance. Specifically, a delay was issued by a Maryland judge concerning a February 14 memo that called upon educational institutions to discontinue racially differentiating practices. Simultaneously, a D.C. judge temporarily blocked the enforcement of the April certification mandate, while a New Hampshire ruling precluded the implementation of the directive against certain plaintiffs, including a major teachers’ union.
The central argument in these lawsuits circles around the premise that the guidance suppresses academic freedom and is muddled, leaving educational entities uncertain about permissible actions, such as whether minority student groups are allowable.
The plaintiffs further contend that the administration’s threats endanger over $13.8 billion in funding, crucial for services catering to students with disabilities. “Plaintiffs face an insidious choice: either attempt compliance with an unclear, unconstitutional federal mandate or risk the forfeiture of vital funds aiding their most vulnerable students,” the lawsuit asserts.
Beyond Massachusetts, the lawsuit features attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
The Department of Education has so far declined to respond to inquiries regarding the matter. In a statement earlier in the week, Linda McMahon, the Trump administration’s education secretary, emphasized the potential for funding reductions should states resist returning the certification forms as required. In comments made during an interview, McMahon reiterated that any state opting not to comply risks losing funds, reinforcing the purpose of the directive as a safeguard against discrimination in schools.