Teachers Union Sues Over Trump Administration’s Deadline to End School Diversity Programs

The American Federation of Teachers (AFT) and the American Sociological Association (ASA) have filed a federal lawsuit in Maryland challenging the Trump administration’s memo that gives schools and universities two weeks to eliminate "race-based" practices or risk losing federal funding.

The lawsuit, filed on Tuesday, argues that the Education Department’s February 14 memo violates the First and Fifth Amendments by forcing schools to teach only the views supported by the federal government, which amounts to a violation of free speech. The organizations claim that the directive is also too vague, leaving schools unsure of what practices cross the line.

"This letter radically upends and re-writes otherwise well-established jurisprudence," the lawsuit said. "No federal law prevents teaching about race and race-related topics, and the Supreme Court has not banned efforts to advance diversity, equity, and inclusion in education."

The memo, formally known as a Dear Colleague Letter, orders schools and universities to stop any practice that treats people differently because of their race, giving a deadline of this Friday. The memo cites a Supreme Court decision that banned the use of race in college admissions, saying the ruling applies more broadly to all federally funded education.

The Trump administration is aiming to end what the memo described as widespread discrimination in education, often against white and Asian American students. At stake is a sweeping expansion of the Supreme Court ruling, which focused on college admissions policies that considered race as a factor when admitting students. The memo interprets the ruling to apply to admissions, hiring, financial aid, graduation ceremonies, and "all other aspects of student, academic and campus life."

The lawsuit says the Education Department is applying the Supreme Court decision too broadly and overstepping its authority. It takes issue with a line in the memo condemning teaching about "systemic and structural racism."

"It is not clear how a school could teach a fulsome U.S. History course without teaching about slavery, the Missouri Compromise, the Emancipation Proclamation, the forced relocation of Native American tribes" and other lessons that might run afoul of the letter, the lawsuit said.

The department did not immediately respond to a request for comment.

The AFT and ASA are seeking a court order to stop the department from enforcing the memo and strike it down. The lawsuit argues that the memo is so broad that it appears to forbid voluntary student groups based on race or background, including Black student unions or Irish-American heritage groups. The memo also appears to ban college admissions practices that weren’t outlawed in the Supreme Court decision, including recruiting efforts to attract students of all races, the lawsuit said.

Conclusion

The lawsuit highlights the concerns of educators and students who are worried about the impact of the memo on diversity, equity, and inclusion efforts in education. The AFT and ASA argue that the memo is not only violating the First and Fifth Amendments but also undermining the progress made in promoting diversity and inclusion in education.

Frequently Asked Questions

• What is the purpose of the memo?
  The memo aims to end what the Trump administration describes as widespread discrimination in education, often against white and Asian American students.
• What is the deadline for schools and universities to comply with the memo?
  The memo gives a deadline of this Friday for schools and universities to stop any practice that treats people differently because of their race.
• What are the consequences of non-compliance?
  Schools and universities that fail to comply with the memo risk losing federal funding.
• What are the next steps for the lawsuit?
  The AFT and ASA are seeking a court order to stop the department from enforcing the memo and strike it down.