Trump administration drops legal appeal over anti-DEI funding threat to K-12 schools and colleges

The Trump administration has withdrawn its legal appeal of a federal court ruling that blocked its effort to condition federal education funding on limits to diversity, equity and inclusion practices at schools and colleges.

According to a court filing on Wednesday, the United States Department of Education moved to dismiss its appeal, leaving intact an August ruling that found the anti-DEI campaign unlawful. The decision means the earlier order preventing the federal government from enforcing the guidance will remain in place.

Federal funding warning at the centre of dispute

The dispute centred on federal directives warning schools and colleges that they risked losing federal funds if they continued a wide range of policies and programmes that the administration categorised as diversity, equity and inclusion initiatives.

A federal judge ruled that the guidance violated the First Amendment and failed to follow required federal procedures, the Associated Press reports.

Plaintiffs welcome decision

Democracy Forward, a legal advocacy group representing the plaintiffs, welcomed the move. “Today’s dismissal confirms what the data shows: government attorneys are having an increasingly difficult time defending the lawlessness of the president and his cabinet,” Skye Perryman, the organisation’s president and chief executive officer, said in a statement, according to AP.

‘Dear Colleague’ letter and scope of restrictions

The challenged guidance was first issued last February in a “Dear Colleague” letter sent to schools and colleges. The memo stated that race could not be considered in college admissions, hiring, scholarships or “all other aspects of student, academic, and campus life”. It argued that efforts to promote diversity had resulted in discrimination against white and Asian American students.

K–12 certification requirement

The department later expanded the warning to K–12 schools, asking them to certify that they did not engage in DEI practices and again threatening to withhold federal funding.

Judge cites chilling effect on speech

Both documents were struck down by US District Judge Stephanie Gallagher in Maryland. In her ruling, she said the guidance chilled free speech in schools, writing that it caused educators to fear that lawful classroom discussions and instruction could expose them or their institutions to punishment.

The legal challenge was brought by the American Federation of Teachers. With the appeal now dropped, the court’s ruling continues to block the administration from enforcing the anti-DEI funding threat against schools and colleges.
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