Teachers Union Sues Over Trump's Diversity Program Deadline

A new federal lawsuit in Maryland is challenging a Trump administration memo giving the nation’s schools and universities two weeks to eliminate “race-based” practices of any kind or risk losing their federal money.

The lawsuit, filed Tuesday by the American Federation of Teachers union and the American Sociological Association, says the Education Department’s Feb. 14 memo violates the First and Fifth Amendments. Forcing schools to teach only the views supported by the federal government amounts to a violation of free speech, the organizations say, and the directive is so vague that schools don’t know 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. As a justification, it cites a Supreme Court decision banning the use of race in college admissions, saying the ruling applies more broadly to all federally funded education.

The memo from the Trump administration addresses concerns about what it describes as discrimination in education, particularly toward 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. In the Feb. 14 memo, the Education Department said it interprets the ruling to apply to admissions, hiring, financial aid, graduation ceremonies and “all other aspects of student, academic and campus life.”

The lawsuit argues that the Education Department’s Feb. 14 memo may violate the First and Fifth Amendments, contending that it could limit schools' ability to present a range of perspectives. The lawsuit challenges a section of the memo that questions the teaching of “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.

In the memo, Craig Trainor, acting assistant secretary for civil rights, had said schools' and colleges diversity, equity and inclusion efforts have been “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.

"But under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal," Trainor wrote in the memo.

The lawsuit contends that the Dear Colleague Letter may be interpreted as prohibiting voluntary student groups based on race or background. 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.

It asks the court to stop the department from enforcing the memo and strike it down.

The American Federation of Teachers is one of the nation’s largest teachers unions. The sociological association is a group of about 9,000 college students, scholars and teachers. Both groups say their members teach lessons and supervise student organizations that could jeopardize their schools’ federal money under the memo.