19 states challenge Trump administration's move to end school diversity programs
- In Reports
- 11:49 AM, Apr 26, 2025
- Myind Staff
Nineteen states that didn’t follow a Trump administration order to remove diversity, equity, and inclusion programs from public schools took things further on Friday — they filed a federal lawsuit, saying the government’s threat to take away federal funding is illegal.
Democratic attorneys general in Massachusetts have filed a lawsuit to stop the Department of Education from withholding funding. This comes after the department issued a directive on April 3, requiring states to confirm their compliance with civil rights laws, which includes rejecting what the federal government calls "illegal DEI practices." States were also instructed to collect signatures from local school systems to confirm their compliance by April 24. The plaintiffs told the government that they still stand by their previous statements confirming they follow the law, but they are unwilling to give up policies that ensure 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 was filed just one day after judges in three different states made rulings against the Trump administration in separate but related cases. A judge in Maryland delayed the start date of a memo from the education department, which was issued on February 14. The memo told schools and colleges to stop practices that treat people differently based on their race.
In Washington, DC, a judge granted a preliminary injunction against a letter sent in April regarding certification. Meanwhile, a judge in New Hampshire ruled that the department could not enforce either of these documents against the plaintiffs in that case, which included one of the largest teachers' unions in the country.
All three lawsuits argue that the guidance limits academic freedom and is too unclear, leaving schools and educators uncertain about what they can and cannot do. For example, they are unsure whether voluntary student groups for minority students are still allowed. The new lawsuit claims that the administration is putting more than $13.8 billion at risk, including funds meant to support students with disabilities. "Plaintiffs are left with an impossible choice: either certify compliance with an ambiguous and unconstitutional federal directive -- threatening to chill polices, programmes and speech -- or risk losing indispensable funds that serve their most vulnerable student populations," the lawsuit states. California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin are among the plaintiffs, along with Campbell.
The education department did not respond to a request for comment on Friday. Linda McMahon, President Donald Trump's education secretary, has warned that funding could be cut if states do not return the certification forms. Fox Business Network host McMahon stated that states that decline to join could "risk some defunding in their districts" during an interview on Tuesday. "To make sure there's no discrimination that's happening in any of the schools" is the form's stated aim.
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