Teachers in New Hampshire are challenging the Trump administration’s ban on diversity, equity, and inclusion initiatives in schools, calling it an attempt to “manufacture harm.” The Department of Education issued guidance in February threatening to cut federal funding to schools that do not eliminate practices based on race. The National Education Association and ACLU have sued the department, arguing that the guidance violates due process and the First Amendment by restricting academic freedom. The government attorney argued that teachers do not have standing to sue, as the guidance applies to schools, not individuals. The judge noted contradictions in the government’s argument, highlighting the Education Department’s immediate cancellation of grants to Columbia University. The guidance does not hold the force of law but threatens litigation and funding termination for schools that do not comply. Education officials in some states have refused to certify compliance with the guidance. The ACLU attorney emphasized that the guidance dictates actions and creates a chilling effect on educators. Despite fear, educators are standing up against the directive, asserting their rights and opposing what they view as an unconstitutional limitation on educational practices.
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