Six school districts in New Hampshire and Vermont are joining the federal lawsuit against the U.S. Department of Education’s threats to cut the federal funding of educational institutions nationwide for engaging in diversity, equity, and inclusion in their curriculums and programming.
The five Granite State school districts joining the lawsuit are Dover, Hanover, Oyster River, Portsmouth and Somersworth. Norwich, Vermont, is also joining.
The lawsuit challenges the U.S. Department of Education’s directive preventing them from taking part in diversity, equity and inclusion initiatives.
Following a hearing on the plaintiffs’ motion for emergency relief on Wednesday, the parties announced they reached an agreement that temporarily prevents federal education officials from taking any enforcement action until the court rules on their legality.
The agreement ensures no school district, state agency, or higher education institution will face investigation or penalties for failure to certify that DEI efforts do not exist within their curriculums.
The agreement also clarifies that any certifications submitted by states or local education agencies will not become effective prior to April 24 and may not be used for any investigation or enforcement actions.
The department agreed it will not initiate any enforcement actions or investigations based on the Feb. 14 directive or any actions implementing it until after April 24.
Christine Boston, assistant superintendent for the Dover School District, said diversity, equity and inclusion are important pillars of public education.
“We strive to support all students every day,” Boston said. “In Dover, our core values include diversity, opportunity, voice, engagement and rigor and we work tirelessly to ‘empower all learners’ regardless of race, disability, socioeconomic status or gender.”
John Shea, superintendent for the Somersworth School District, said he’s proud to stand alongside districts throughout New Hampshire “to ensure that the educators in our schools can provide the equitable opportunities that all of our students deserve and to which they are entitled.”
The lawsuit was filed March 5 by the the American Civil Liberties Union, the ACLU of New Hampshire, the ACLU of Massachusetts, the National Education Association, and the National Education Association–New Hampshire. The parties will be back in court on April 17 at 10 a.m.
The suit argues the Department of Education overstepped its legal authority by imposing “unfounded and vague legal restrictions” that violate due process and the First Amendment, limit academic freedom, and dictate what educators can teach and what students are allowed to learn.
The plaintiffs say the Department of Education claims the directive misrepresents the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard. Advocates say the decision in that case only addressed race as a formal admissions factor in higher education, and did not ban curriculum, student groups, DEI programming, or race-neutral diversity initiatives.
The lawsuit argues the DOE has no authority to dictate curriculum or educational programs, and that federal law protects educational institutions’ ability to shape their own curriculum, including programs that reflect and celebrate diversity.