CONCORD, N.H. (AP) 鈥� Teachers trying to block the Trump administration鈥檚 guidance forbidding diversity, equity and inclusion efforts in schools are trying to 鈥渕anufacture harm,鈥� a government attorney told a federal judge in New Hampshire on Thursday.
But the judge deciding whether to temporarily stop the Department of Education from enforcing the guidance said the federal agency鈥檚 own press releases contradict some of its attorney鈥檚 arguments.
In February, the Education Department told schools and colleges they needed to that differentiates people based on their race or risk losing their federal funding. the department ordered states to gather signatures from local school systems certifying compliance with civil rights laws, including the rejection of what the federal government calls 鈥渋llegal DEI practices,鈥� by April 24.
The National Education Association and American Civil Liberties sued the department in New Hampshire, arguing that the guidance in the Feb. 14 memo, formally known as a Dear Colleague Letter, relied on vague legal restrictions that violate both due process and the First Amendment. It also describes the letter as an effort to limit academic freedom and to dictate what students can be taught.
But during a hearing Thursday, Deputy Associate Attorney General Abishek Kambli argued the teachers鈥� union lacks standing to sue because the guidance is aimed at schools, not teachers. And educators who are 鈥渟elf-censoring鈥� due to misunderstanding the letter aren鈥檛 being harmed, he said.
鈥淵ou can鈥檛 manufacture harm simply by inflicting harm on yourself,鈥� he said.
Kambli also suggested a temporary halt to enforcement was unnecessary because there is a lengthy, multi-step process to determine whether a school should lose funding, with ample opportunity to challenge findings. But Judge Landya McCafferty read passages from the Education Department press release announcing the recent cancellation of grants and contracts to .
鈥淚t doesn鈥檛 describe any sort of process, it says immediate,鈥� she said.
The directive does not carry the force of law but threatens to use civil rights enforcement to rid schools of DEI practices. Schools that continue such practices 鈥渋n violation of federal law鈥� can face Justice Department litigation and a , the department has warned.
Sarah Hinger, an attorney for the ACLU, pushed back against Kambli鈥檚 claim that the letter was not a final action that can be challenged in court but rather an explanation of the department鈥檚 enforcement priorities.
鈥淚t requires. It orders. It dictates,鈥� she said. 鈥淭he chill from that is happening now, and plaintiffs are not required to wait until they鈥檙e hauled into court to challenge an unconstitutional law.鈥�
Education officials in some Democratic-led states have indicated they will not comply with the order to submit certification of their schools鈥� compliance. Hinger told reporters after the hearing that in addition to fear, educators have also expressed bravery.
鈥淲e are seeing folks across the education community stand up and assert their rights and really being brave in indicating how contrary this 鈥楧ear Colleague鈥� letter is to sound educational practices from K-12 through higher education,鈥� she said.
Holly Ramer, The Associated Press
