برچسب: DEI

  • Mississippi: Federal Judge Enjoins State Ban on DEI

    Mississippi: Federal Judge Enjoins State Ban on DEI


    The Mississippi Free Press reported that Federal District Judge Henry Wingate blocked the implementation of the state’s ban on diversity, equity, and inclusion programs in public schools.

    Mississippi’s ban on diversity, equity and inclusion programs in public schools remains blocked after a federal judge granted the plaintiffs’ request for a preliminary injunction in an Aug. 18 decision.

    The U.S. District Court for the Southern District of Mississippi also denied the defendants’ requests to dismiss the case, calling the defendants’ points “moot.”

    “This Court generally agrees with Plaintiffs’ view of the challenged portions of (House Bill 1193).

    It is unconstitutionally vague, fails to treat speech in a viewpoint-neutral manner, and carries with it serious risks of terrible consequences with respect to the chilling of expression and academic freedom,” U.S. District Court Judge Henry Wingate wrote in the Court’s decision.



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  • Federal Judge Overturns Ban on DEI

    Federal Judge Overturns Ban on DEI


    A Trump-appointed judge overturned the Trump administration’s ban on policies of diversity, equity and inclusion in schools and colleges, according to Collin Binkley of the AP. Will her ruling stand?

    WASHINGTON (AP) – A federal judge on Thursday struck down two Trump administration actions aimed at eliminating diversity, equity and inclusion programs at the nation’s schools and universities.

    In her ruling, U.S. District Judge Stephanie Gallagher in Maryland found that the Education Department violated the law when it threatened to cut federal funding from educational institutions that continued with DEI initiatives.

    The guidance has been on hold since April when three federal judges blocked various portions of the Education Department’s anti-DEI measures.

    The ruling Thursday followed a motion for summary judgment from the American Federation of Teachers and the American Sociological Association, which challenged the government’s actions in a February lawsuit.

    The case centers on two Education Department memos ordering schools and universities to end all “race-based decision-making” or face penalties up to a total loss of federal funding. It’s part of a campaign to end practices the Trump administration frames as discrimination against white and Asian American students.

    The new ruling orders the department to scrap the guidance because it runs afoul of procedural requirements, though Gallagher wrote that she took no view on whether the policies were “good or bad, prudent or foolish, fair or unfair.”

    Gallagher, who was appointed by President Donald Trump, rejected the government’s argument that the memos simply served to remind schools that discrimination is illegal.

    “It initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished,” Gallagher wrote.

    Democracy Forward, a legal advocacy firm representing the plaintiffs, called it an important victory over the administration’s attack on DEI.

    “Threatening teachers and sowing chaos in schools throughout America is part of the administration’s war on education, and today the people won,” said Skye Perryman, the group’s president and CEO.

    The Education Department did not immediately comment on Thursday.

    The conflict started with a Feb. 14 memo declaring that any consideration of race in admissions, financial aid, hiring or other aspects of academic and student life would be considered a violation of federal civil rights law.

    The memo dramatically expanded the government’s interpretation of a 2023 Supreme Court decision barring colleges from considering race in admissions decisions. The government argued the ruling applied not only to admissions but across all of education, forbidding “race-based preferences” of any kind.

    “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” wrote Craig Trainor, the acting assistant secretary of the department’s Office for Civil Rights.

    A further memo in April asked state education agencies to certify they were not using “illegal DEI practices.” Violators risked losing federal money and being prosecuted under the False Claims Act, it said.

    In total, the guidance amounted to a full-scale reframing of the government’s approach to civil rights in education. It took aim at policies that were created to address longstanding racial disparities, saying those practices were their own form of discrimination.

    The memos drew a wave of backlash from states and education groups that called it illegal government censorship.

    In its lawsuit, the American Federation of Teachers said the government was imposing “unclear and highly subjective” limits on schools across the country. It said teachers and professors had to “choose between chilling their constitutionally protected speech and association or risk losing federal funds and being subject to prosecution.”



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  • Science Research in New England Gets a Reprieve from DEI Ban, for Now

    Science Research in New England Gets a Reprieve from DEI Ban, for Now


    The Boston Globe reported on the resumption of science projects halted by the Trump administration because their subjects were Black, Hispanic, gay, or transgender. Trump is determined to wiped out federal recognition of these categories of people and to stop science research of all kinds.

    PROVIDENCE — Four months after her large-scale research study seeking to contain the spread of HIV was canceled by the Trump administration, Dr. Amy Nunn received a letter: the grant has been reinstated.

    The study, which is enrolling Black and Hispanic gay men, is set to resume after a June court order in favor of the American Public Health Association and other groups that sued the National Institutes of Health for abruptly canceling hundreds of scientific research grants. 

    The NIH said in a form letter to researchers in February and March that their studies “no longer effectuate agency priorities” because they included, among other complaints, reference to gender identity or diversity, equity and inclusion.

    The order from US District Judge William Young in Massachusetts was narrow, reinstating nearly 900 grants awarded to the plaintiffs, not all of the thousands of grants canceled by NIH so far this year. Young called DEI an “undefined enemy‚” and said the Trump administration’s “blacklisting” of certain topics “has absolutely nothing to do with the promotion of science or research.”

    The Trump administration is appealing the ruling, and the NIH continues to say they will block diversity, equity, and inclusion efforts, prompting ongoing fear from scientists that their studies could still be on the chopping block even as they restart.

    “We feel like we’re tippy-toeing around,” said Nunn, who leads the Rhode Island Public Health Institute. “The backbone of the field is steadfast pursuit of the truth. People are trying to find workarounds where they don’t have to compromise the integrity of their science.”

    Nunn said she renewed her membership to the American Public Health Association in order to ensure she’d be included in the lawsuit.

    Despite DEI concerns, she plans to continue enrolling gay Black and Hispanic men in her study, which will include 300 patients in Rhode Island, Mississippi, and Washington, D.C. 

    Black and Hispanic men who have sex with other men contract HIV at dramatically higher rates than gay white men, a statistic Nunn aims to change.

    The study was just getting underway, with 20 patients enrolled, when the work was shut down by the NIH in March. While Nunn’s clinic in Providence did not do any layoffs, the clinic in Mississippi — Express Personal Health — shut down, and the D.C. clinic laid off staff.

    The four-month funding flip-flop could delay the results of the study by two years, Nunn said, depending on how quickly the researchers can rehire and train new staff. The researchers will also need to find a new clinic in Mississippi.

    The patients — 100 each in Rhode Island, Mississippi, and D.C. — will then be followed for a year as they take Pre-Exposure Prophylaxis, or PrEP, to prevent them from contracting HIV

    The protocol that’s being studied is the use of a patient navigator for “aggressive case management.” That person will help the patient navigate costs, insurance, transportation to the clinic, dealing with homophobia and other barriers to staying on PrEP, which can be taken as a pill or a shot.

    The study’s delay means “the science is aging on the vine,” Nunn said, as new HIV prevention drugs are rolled out. “The very thing that we’re studying might very well be obsolete by the time we’re able to reenroll all of this.”

    The hundreds of reinstated grants include titles that reference race and gender, such as a study of cervical cancer screening rates in Latina women, alcohol use among transgender youth, aggressive breast cancer rates in Black and Latina women, and multiple HIV/AIDs studies involving LGBTQ patients.

    “Many of these grants got swept up almost incidentally by the particular language that they used,” said Peter Lurie, the president of the Center of Science in the Public Interest, which joined the lawsuit. “There was an arbitrary quality to the whole thing.”

    Lurie said blocking scientists from studying racial disparities in public health outcomes will hurt all Americans, not just the people in the affected groups.

    “A very high question for American public health is why these racial disparities continue to exist,” Lurie said. “We all lose in terms of questions not asked, answers not generated, and opportunities for saving lives not implemented.”

    The Trump administration is not backing down from its stance on DEI, even as it restores the funding. The reinstatement letters from the NIH sent to scientists this month include a condition that they must comply with Trump’s executive order on “biological truth,” which rescinded federal recognition of transgender identity, along with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color and national origin.

    Kenneth Parreno, an attorney for the plaintiffs, said he was told by Trump administration lawyers that new letters would be sent out without those terms.

    But Andrew Nixon, a spokesperson for the Department of Health and Human Services, said Wednesday the administration “stands by its decision to end funding for research that prioritized ideological agendas over scientific rigor and meaningful outcomes for the American people.”

    “HHS is committed to ensuring that taxpayer dollars support programs rooted in evidence-based practices and gold standard science — not driven by divisive DEI mandates or gender ideology,” Nixon said in any email to the Globe.

    The Trump administration’s appeal is pending before the First Circuit Court of Appeals in Boston. A motion for a stay of Young’s decision was denied, and the Trump administration is appealing that ruling to the US Supreme Court.

    The ongoing push to remove DEI from science has created fear in the scientific community, which relies on federal funding to conduct its research and make payroll.

    “Scientific morale has taken a big hit,” Nunn said. “People are apprehensive.”

    Indeed, major research institutions have faced mass funding cuts from the federal government since Trump took office. Brown University, the largest research institution in Rhode Island, had more than $500 million frozen until it reached an agreement with Trump on Wednesday.

    In exchange for the research dollars to be released, Brown agreed not to engage in racial discrimination in admissions or university programming, and will provide access to admissions data to the federal government so it can assess compliance. The university also agreed not to perform any gender-affirming surgeries and to adopt Trump’s definitions of a male and female in the “biological truth” executive order.

    While some have avoided speaking out, fearing further funding cuts, Nunn said she felt a “moral and ethical duty” to do so.



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  • U.S. Navy Restores Almost All of the DEI Banned Books

    U.S. Navy Restores Almost All of the DEI Banned Books


    The U.S. Navy and the other branches of the military were told by order of Trump and Hegseth to remove all books on the subjects of diversity, equity, and inclusion. In practice, this meant elimination of books about race, racism, and sexual orientation.

    These were the search terms used to identify offending titles:

    The 20 official search terms included in the May 9 memo included: affirmative action; allyship; anti-racism; critical race theory; discrimination; diversity in the workplace; diversity, equity, and inclusion; gender affirming care; gender dysphoria; gender expression; gender identity; gender nonconformity; gender transition; transgender military personnel; transgender people; transsexualism; transsexuals; and white privilege.

    Using these identifiers, the Navy took 381 books out of circulation and off its shelves.

    However, a second review restored all but about 20 of the titles.

    In a major reversal, almost all the 381 books that the U.S. Naval Academy removed from the school’s libraries have been returned to the bookshelves after a new review using the Pentagon’s standardized search terms for diversity, equity and inclusion titles found about 20 books that need to be removed pending a future review by a Department of Defense panel, according to a defense official.

    The reversal comes after a May 9 Pentagon memo set Wednesday as the date by which the military services were to submit and remove book titles from the libraries of their military educational institutions that touch on diversity, race, and gender issues using the Pentagon’s specific search terms.

    Prior to the Pentagon memo standardizing search terms, the Navy used its own terms that identified 381 titles, including titles like “I Know Why the Caged Bird Sings” by Maya Angelou, “How to Be an Antiracist” by Ibram X. Kendi, “Bodies in Doubt” by Elizabeth Reis, and “White Rage” by Carol Anderson.

    Frankly, I have no idea why the list of banned books was pared down from 381 to only 20. The news story doesn’t explain.

    Here is the original list of banned books. Most are about race and racism. The others are about gender and sexuality.

    If the military is strong enough to fight, aren’t they strong enough to read about challenging topics?



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  • Wisconsin: State Superintendent Underly Hails Two Court Decisions Undercutting Trump DEI Ban

    Wisconsin: State Superintendent Underly Hails Two Court Decisions Undercutting Trump DEI Ban


    Jill Underly was recently te-elected as State Superintendent of Schools in Wisconsin. She is an active member of the Netwotk for Public Education and attended its last two meetings. She released the following statement after two courts hacked away at Trump’s threat to withhold funds from schools that taught diversity, equity, and inclusion

    MADISON, Wis. (WISCONSIN DEPARTMENT OF PUBLIC INSTRUCTION PRESS RELEASE) – State Superintendent Dr. Jill Underly today issued a statement following two federal court rulings that limit the Trump administration’s ability to withhold critical school funding over an unclear certification form and process.

    “Our top priority in Wisconsin is our kids and making sure every student has the support they need to succeed. The past few weeks, school leaders have been scrambling to understand what the impact of the U.S. Department of Education’s order could be for their federal funds, forcing them to take their eye off what matters most.

    “Today, two separate courts reached a similar conclusion: the USDE’s new certification process is likely unlawful and unconstitutionally vague. That is a welcome development for our schools and communities who, working in partnership with parents and families, are best positioned to make decisions for their communities – not Washington, D.C.

    “We are closely reviewing today’s rulings and will continue to stand up for Wisconsin schools, and most importantly, our kids.”



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  • Federal Judge Partially Blocks Trump DEI Ban

    Federal Judge Partially Blocks Trump DEI Ban


    The Trump administration claims that it wants to reduce federal intervention into the nation’s public and private institutions. But it intervenes forcefully in both public and private sectors to punish anyone with different views. It has threatened to withhold federal funding for research from universities unless the targeted universities allow the federal government to supervise its curriculum, its hiring policies, and its admissions policies. And he threatened to stop the funding of any K12 school that continues DEI programs.

    The Trump regime has created a nanny state.

    From Day 1, Trump made clear that he would ban practices and policies intended to diversity, equity, and inclusion. He threatened to withhold federal funding of schools that ignored his order to eliminate DEI. He has taken complete control of the Kennedy Center, so as to block DEI programming, and he has appointed a woman with no credentials to remove DEI from the Smithsonian museums.

    Who knows how the African American Museum will survive Trump’s DEI purge.

    ABC News reported that a federal district judge has halted the DEI ban, at least in schools associated with one of the lawsuit’s plaintiffs, the NEA.

    ABC News reported:

    The Trump administration’s attempt to make federal funding to schools conditional on them eliminating any DEI policies erodes the “foundational principles” that separates the United States from totalitarian regimes, a federal judge said on Thursday.

    In an 82-page order, U.S. District Judge Landya McCafferty partially blocked the Department of Education from enforcing a memo issued earlier this year that directed any institution that receives federal funding to end discrimination on the basis of race or face funding cuts.

    “Ours is a nation deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned,” Judge McCafferty wrote, adding the “right to speak freely and to promote diversity of ideas and programs is…one of the chief distinctions that sets us apart from totalitarian regimes.”

    “In this case, the court reviews action by the executive branch that threatens to erode these foundational principles,” she wrote.

    The judge stopped short of issuing the nationwide injunction, instead limiting the relief to any entity that employs or contacts with the groups that filed the lawsuit, including the National Education Association and the Center for Black Educator Development.



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  • ‘A step backwards’: How federal threats to DEI are impacting California schools 

    ‘A step backwards’: How federal threats to DEI are impacting California schools 


    Credit: Carlos Kosienski/Sipa via AP Images

    Tough decisions lie ahead for schools across California as the federal government cracks down on diversity, equity and inclusion efforts.  

    The latest measure came in the form of a letter issued Friday by the U.S. Department of Education, giving K-12 schools across the country two options: to eliminate programs focused on diversity, equity and inclusion (DEI) within two weeks, or face unspecified cuts in federal funding.  

    “I fully anticipate that it will have a chilling effect on school districts, but also colleges and universities,” said Royel Johnson, who leads the University of Southern California Race and Equity Center’s National Assessment of Collegiate Campus Climates. 

    The Department of Education’s letter isn’t law — nor is it legal, Johnson said. 

    However, many advocates and community members say they are concerned that more and more districts will gut their diversity, equity and inclusion initiatives out of fear and deprive students from marginalized backgrounds of the support they need to succeed in the classroom and beyond.

    “We often think about California as being protected from this larger right wing movement,” Johnson said. “But as we saw with changing patterns and demographic votes in the presidential election, I think there are many people in California who are wrestling with this conservative movement and who are afraid of it — and who are proactively or preemptively making decisions.” 

    ‘An underlying disconnect’: The letter 

    The Department of Education’s letter opens with the words “Dear Colleague,” but the ensuing message takes on a different tone. 

    “Rather than engaging in that work of acknowledging and affirming educators, what the Trump administration has done thus far is to express hostility and disdain,” said John Rogers, a professor at UCLA’s School of Education and Information Studies and associate dean for research/public scholarship. 

    The letter specifically claims that white and Asian American students, including those from lower income backgrounds, have been discriminated against and that “educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism.’”

    Increasing schools’ scores on the Nation’s Report Card has been a justification for some of the administration’s changes, according to Rogers. 

    But instead of boosting student performance, Rogers maintains that the directive could “throw K-12 schools into further tumult” due to the high fiscal costs of culture wars. Just last year, conflicts surrounding race and LGBTQ+ issues cost schools more than $3 billion nationwide. 

    “They’re pushing superintendents and those underneath the level of the superintendency to spend time seeking out legal counsel, talking with other educational leaders, trying to figure out, ‘What do we do? What are we doing now that might be considered problematic? Do we need to take action, etc?’” Rogers said.  

    “All of that time and energy, and to the extent that they’re seeking out costly legal counsel, that has real costs associated with it. It’s pushing people away from the important work of improving student learning and supporting student well-being.” 

    While Rogers maintained that the letter was hostile in tone, he also described it as vague and confusing — a sentiment shared by many.  

    Rogers said: “If I was a superintendent, I would want to know: ‘Can my principals bring together a group of Asian American students to talk about whether they’ve experienced anti-Asian hate? Could my district invite African American parents to share their oral histories about growing up in my community as part of African American History Month, or, for that matter, can we even celebrate African American History Month?” 

    Superintendents, he said, “don’t have enough information — yet they’re being given two weeks to either take dramatic action or not, of which they have really no sense of what that would mean.”

    ‘Uncharted territory’ for California districts  

    With new, unclear circumstances on the horizon, more questions than answers are percolating through school districts across California. 

    Nikki Henry, spokesperson for Fresno Unified School District, said Tuesday that the district and its attorneys are reviewing the letter to understand its impact. 

    Fresno Unified’s school board in 2020 passed a resolution declaring the district an anti-racist institution that would “examine and confront biases” and in January reaffirmed the district as a safe place for all students, including immigrant students and families.

    That mindset and approach may put Fresno Unified, which received around $238 million in federal funds this school year, in jeopardy of losing such funding under the new administration.

    With nearly 93% of its students identifying as members of minority communities, the district has implemented “strong” diversity, equity and inclusion initiatives, Henry said. Their DEI policy ensures that students have equitable access to the district’s programs and services, that the curriculum reflects and celebrates diversity and that there are sufficient academic, social-emotional and behavioral supports. 

    Further south, administrators in Los Angeles Unified, the state’s largest district, have also expressed support for students of all backgrounds — a move that is lauded by Evelyn Aleman, the organizer of Our Voice/Nuestra Voz, a bilingual Facebook group largely made up of parents and advocates.

    “In terms of advocating for and supporting the difference between populations that it serves, (LAUSD])really does try to do that, so … I think we’re going to be OK. I think we have a district that gets us.”

    In a statement to EdSource, a Los Angeles Unified spokesperson said the district “adheres to all federal and state law and guidance” — and that if there are discrepancies between the two, they would be resolved through the state. 

    However, last July, Parents Defending Education, a Virginia-based conservative group, filed a complaint with the Office for Civil Rights against the Los Angeles Unified School District for its Black Student Achievement Plan. 

    Months later, the district watered down the language surrounding the program. 

    And some members of LAUSD’s larger community, including United Teachers Los Angeles President Cecily Myart-Cruz, said they fear that this decision could signal how the district might respond to directives from the federal government. 

    “If I only had to go on that (decision regarding the Black Student Achievement Plan), then I would say I’m concerned,” Myart-Cruz said. “I believe in our students. … I know that UTLA, we’re going to stand right alongside our students and our community. … If we put resources in for our students, then it helps everyone.” 

    Other districts like Clovis Unified, however, maintain that they will not be impacted, according to spokesperson Kelly Avants. 

    Based on the way Clovis Unified is interpreting the Education Department’s letter, Avants said affected districts are likely those with hiring practices or scholarships with DEI guidelines or selection criteria based solely on race or gender. 

    Avants added that all Clovis Unified activities to celebrate different cultures are open to the entire student population. 

    “We’ve not gone one direction or the other,” Avants said. “We really have tried to be sensitive to our programs being holistic versus centrally focused.” 

    What’s at stake

    Experts and teachers have continually emphasized that diversity, equity and inclusion programs enrich students’ learning and that they also play a critical role in students feeling like they belong. 

    “DEI provides mechanisms for addressing issues of safety and security for students who sometimes experience physical harm, psychological harm,” Johnson said. “But, if we start removing the very mechanisms that are designed to address these issues, we’re going to see higher reports and students having concerns around their safety at school.” 

    He added, “If students feel a sense of connectedness and belonging to the school environment, they’re more likely to be retained, they’re more likely to come to school on time and persist toward their goals.”

    Several indicators of student success, from student attendance rates to engagement, rise when DEI programs are implemented, he said. 

    And in the classroom, Aleman from Our Voice/Nuestra Voz, emphasized the importance of learning about the contributions of immigrants from various backgrounds. 

    “We’re at a stage of global interaction that requires that we understand … the rich history and contributions of immigrants and different populations,” Aleman said. “We are a heterogeneous culture. … and we don’t understand why the administration doesn’t understand that.” 

    Pushing back 

    While the Department of Education’s letter focuses on race, civil rights protections — including through diversity, equity and inclusion initiatives — support students from various identities based on other factors, including gender, disability and age, according to Amir Whitaker, senior policy counsel of the ACLU of Southern California.

    And Johnson said marginalized groups, including those who are LGBTQ+ and first generation, could also be impacted by potential cuts to DEI.

    “I hope that school district leaders and leaders of college and universities will not back down from this moment — and lean into the institutional values that have animated their work for years prior to this erroneous sort of guidance that is designed to threat and intimidate,” Johnson said. “If we all roll back and back down at this moment, then our students will suffer.” 

    Whitaker added that the very policies that the letter cites — like the Civil Rights Act of 1964 — were victories that “people fought and died for.” 

    The Trump administration’s action, he said, is a “a step backwards in this nation’s journey towards equality and justice.”

    “If California backs down,” Johnson said, “I wonder also what message that sends to the rest of the country, that this ultra-progressive place is already making concessions and their sort of commitments to do DEI, what that might mean for less progressive places who are figuring out where they fit within this conversation.” 





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