CV NEWS FEED // A federal judge in New Hampshire issued a temporary injunction Thursday, blocking the Trump administration’s directive aimed at curbing race-based diversity, equity, and inclusion (DEI) practices in K-12 schools.
The ruling halts enforcement of the Department of Education’s (DOE) Feb. 14 memo, which warned schools they could lose federal funding if they failed to certify compliance with new DEI standards.
Education Secretary Linda McMahon defended the policy as a civil rights measure.
“Students must be assessed according to merit and accomplishment, not prejudged by the color of their skin,” she said in a March statement. “We will not yield on this commitment.”
The injunction came in response to a lawsuit filed by the National Education Association and the American Civil Liberties Union of New Hampshire, which claimed the policy violated teachers’ First Amendment and due process rights.
“The ban on DEI embodied in the 2025 (‘Dear Colleague’) Letter leaves teachers with a Hobson’s choice,” wrote District Judge Landya McCafferty. She called the department’s standards “ill-defined” and constitutionally insufficient.
The DOE directive is part of a broader administration effort to eliminate what it describes as “illegal discriminatory practices,” under the label of DEI. The effort has already led to sweeping investigations and funding freezes in higher education.
Earlier this month, the DOE froze more than $2 billion in federal funds to Harvard University over its refusal to dismantle DEI programs.
Meanwhile, a DOE attorney, Abhishek Kambli, indicated the department plans to appeal McCafferty’s ruling.
Resistance to the policy emerged in several states before the court’s decision. Wisconsin Superintendent Jill Underly announced her state would defy the directive, challenging the federal government’s authority to impose curriculum mandates.
Still, many districts across the country – including over 160 in New Hampshire – submitted certification forms before the deadline.
National ACLU attorney Sarah Hinger called the judge’s decision a win for academic freedom, saying the federal government cannot “dictate what schools can and cannot teach to serve its own agenda.”
In a Fox News interview Tuesday, McMahon reiterated the department’s position, stating the goal is to “make sure students are treated fairly.”
.@EDSecMcMahon on the deadline for states to certify compliance with @POTUS' anti-DEI guidelines: "If they defy the order then they risk some defunding in their districts… We want to make sure that there's no discrimination that's happening in any of the schools." pic.twitter.com/wlBtSzl3oy
— Rapid Response 47 (@RapidResponse47) April 22, 2025
“This is under Title VI,” she added. “We want to make sure there is no discrimination that’s happening in any of the schools.”