The U.S. Department of Education is temporarily barred from pulling federal funding from American public schools that do not eliminate diversity, equity and inclusion (DEI) programs.
The temporary barring was put in place yesterday by federal Judge Landya McCafferty of New Hampshire, as reported by USA Today.
McCafferty’s order states that the Education Department, under the leadership of Secretary Linda McMahon, cannot enforce a “Dear Colleague” letter from February 2024 and an April 2025 federal civil rights compliance certificate form. Both threatened to remove federal funding from any American public school which did not remove DEI programs or initiatives.
The federal judge’s order also prevents the Education Department from taking action on any school system that makes a complaint to the department’s “End DEI” online portal. The portal gathers reports of “illegal discriminatory practices at institutions of learning.” The department cannot enforce any action against “the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more plaintiffs or one or more of (the) plaintiffs’ members.”
“This injunction shall take effect immediately and shall remain in effect pending further order of this court,” McCafferty’s order states.
The National Education Association and the American Civil Liberties Union of New Hampshire filed a lawsuit against the U.S. Department of Education. Another plaintiff is the Center for Black Educator Development and three school systems: Dover, Oyster River and Somersworth.
U.S. Department of Education attorney Abhishek Kambli plans to appeal McCafferty’s order.
In New Hampshire, more than 160 public school systems signed and submitted the certification form, according to the state education department’s compliance tracker.
Related stories:
Department of Education declares DEI to be ‘discriminatory’
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Rebecca Barnabi
