Government attorney accuses teachers of trying to “manufacture harm” in blocking Trump administration’s guidance on diversity, equity, and inclusion in schools. The Education Department issued a memo in February instructing schools to end practices that differentiate based on race or risk losing federal funding. Teachers’ unions and civil liberties groups sued, claiming the guidance violates due process and the First Amendment. During a hearing, the attorney argued that teachers lack standing to sue as the guidance targets schools, not individuals. The judge pointed out contradictions in the department’s press releases and questioned the lack of a clear process for schools facing enforcement measures. The directive, although not legally binding, threatens schools with litigation and termination of funding if they continue DEI practices deemed illegal. Some states have indicated they will not comply with the order to certify their schools’ compliance. The ACLU attorney argued that the guidance is a direct order and not just an explanation of enforcement priorities, emphasizing the impact on educational practices. Educators have expressed both fear and bravery in challenging what they see as unconstitutional restrictions on teaching practices. The ongoing legal battle highlights the tensions between federal enforcement of civil rights laws and academic freedom in schools.
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