An agreement was reached in federal court in New Hampshire to avoid a temporary restraining order in a lawsuit over diversity, equity, and inclusion practices in schools. The lawsuit was filed after the Department of Education threatened to withhold funds from schools teaching DEI programs. The letter demanding certifications on following civil rights laws and halting DEI practices was deemed vague and a violation of First Amendment rights.
Lawyers representing New Hampshire schools, the ACLU, NEA, NEA-New Hampshire, and the Center for Black Educator Development, requested a temporary restraining order on the certifications deadline. The deadline was extended to April 24, with an agreement that the Department of Education will not enforce or investigate until after that date.
Sarah Hinger, deputy director of the ACLU Racial Justice Program, stated that the agreement is crucial for educators to practice their profession and provide education based on their professional judgment. The need for a temporary restraining order is no longer necessary, and the parties will return to court next week for a hearing on a preliminary injunction.
This resolution provides relief for educators and schools, ensuring their ability to make decisions on curriculum and teaching practices without interference. The agreement allows for states to resubmit certifications until April 24 without fear of enforcement actions.
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