State education agencies are no longer bound to certify their compliance with President Donald Trump’s executive orders and guidance memos banning diversity, equity and inclusion programs in order to continue receiving federal funds—at least for now.
K-12 school districts were originally required to prove they had met the president’s standard by April 14. But now, as the result of an agreement reached Thursday in a lawsuit, the Department of Education cannot enforce that requirement or enact any penalties until April 24. The move to require school systems to certify their compliance was one of the department’s first actions since releasing the Feb. 14 Dear Colleague letter that declared all race-conscious student programming, resources and financial aid illegal.
The National Education Association challenged that letter in a lawsuit and then moved for a temporary restraining order to block the certification requirement. (The department notified state educational agencies of the deadline April 3.)
In addition to not enforcing the certification requirement, the Education Department also agreed not to take any enforcement action related to the Feb. 14 guidance until April 24, though that doesn’t cover any other investigations based on race discrimination.
The plaintiffs, represented by the American Civil Liberties Union, still want to block the Dear Colleague letter entirely. But they see the agreement as a positive step.
“This pause in enforcement provides immediate relief to schools across the country while the broader legal challenge continues,” the plaintiffs said in a news release.
A judge will hold a hearing April 17 to consider the NEA’s motion for a preliminary injunction, which could block the guidance entirely.
For more information on this case and others, check out Inside Higher Ed’s lawsuit tracker here.
