The Lyndon Baines Johnson Department of Education Building in Washington, D.C., pictured on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom)

WASHINGTON —  A federal judge in Maryland has struck down the U.S. Education Department’s attempts to do away with diversity, equity and inclusion practices in schools.

The Thursday ruling marks a blow to President Donald Trump’s administration as it continues to take significant strides to try to crack down on DEI efforts across the federal government.

U.S. District Judge Stephanie A. Gallagher found both an agency Dear Colleague letter threatening to yank federal funds for schools from K-12 through colleges and universities that use race-conscious practices in aspects of student life and a memo ordering state education leaders to certify compliance to be “unlawful,” vacating the two.

Gallagher’s ruling follows a lawsuit from the American Federation of Teachers union and its affiliate, AFT-Maryland, as well as the American Sociological Association and a public school district in Oregon.

She noted that both the letter and certification requirement are “unconstitutionally vague.”

Gallagher is one of three federal judges who blocked different parts of the agency’s initiatives back in April, which brought enforcement of the letter and the memo on certifying compliance to a halt.

“The administration is entitled to express its viewpoints and to promulgate policies aligned with those viewpoints,” wrote Gallagher, who was appointed by Trump. “But it must do so within the procedural bounds Congress has outlined. And it may not do so at the expense of constitutional rights.”

Feb. 14 letter to states

The department drew swift legal action after sending a Feb. 14 letter to school districts that threatened to rescind federal funds for schools that use race-conscious practices in programming, admissions, scholarships and other aspects of student life.

The letter gave a sweeping interpretation of a U.S. Supreme Court ruling in 2023, which struck down the use of affirmative action in college admissions.

The four-page letter raised a myriad of questions for schools over what exactly fell within the requirements. The department in March issued a Frequently Asked Questions document on the letter in an attempt to provide more guidance.

Adding fuel to the fire, the department in April gave state education leaders just days to certify all K-12 schools in their states were complying with the letter in order to keep receiving federal financial assistance.

Reaction from department, union

“While the Department is disappointed in the judge’s ruling, judicial action enjoining or setting aside this guidance has not stopped our ability to enforce Title VI protections for students at an unprecedented level,” a spokesperson for the department said in a statement shared with States Newsroom on Friday.

“The Department remains committed to its responsibility to uphold students’ anti-discrimination protections under the law,” the spokesperson added.

Randi Weingarten, president of the American Federation of Teachers, said “the court agreed that this vague and clearly unconstitutional requirement is a grave attack on students, our profession, honest history, and knowledge itself,” in a Thursday statement.

Weingarten added that “it would hamper efforts to extend access to education, and dash the promise of equal opportunity for all, a central tenet of the United States since its founding.”

The Lyndon Baines Johnson Department of Education Building pictured on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom)

WASHINGTON — President Donald Trump’s administration confirmed Friday that it’s releasing funds that support before- and after-school programs as well as summer programs, a portion of the $6.8 billion in withheld funds for K-12 schools that were supposed to be sent out two weeks ago.

The administration has faced bipartisan backlash over its decision to freeze billions of dollars that also go toward migrant education, English-language learning, adult education and literacy programs, among other initiatives. Those other funds apparently remained stalled on Friday, and Democrats, a key Republican appropriator and school leaders called for them to be released as well.

The funds that will be released total $1.3 billion, according to Democrats on the Senate Appropriations Committee, and are intended for the 21st Century Community Learning Centers initiative.

The Education Department says the program “supports the creation of community learning centers that provide academic enrichment opportunities during non-school hours for children, particularly students who attend high-poverty and low-performing schools.”

A senior administration official said the programmatic review for 21st Century Community Learning Centers has concluded and funds “will be released to the states.”

“Guardrails have been put in place to ensure these funds are not used in violation of Executive Orders,” the official added. 

Pressure from GOP senators

The announcement came after 10 Republican senators sent a letter to Office of Management and Budget Director Russ Vought on July 16 urging him to release the $6.8 billion in funds to states.

West Virginia GOP Sen. Shelley Moore Capito, who led the letter, said in a statement Friday that “21st Century Community Learning Centers offer important services that many West Virginians rely on.”

“This program supports states in providing quality after-school and summer learning programs for students while enabling their parents to work and contribute to local economies,” said Capito, who chairs the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies.

Sen. Susan Collins of Maine, who leads the broader Senate Appropriations panel, also signed the July 16 letter, along with: Sens. Katie Britt of Alabama, Lisa Murkowski of Alaska, John Boozman of Arkansas, Mitch McConnell of Kentucky, Deb Fischer of Nebraska, John Hoeven of North Dakota, Mike Rounds of South Dakota and Jim Justice of West Virginia.

While Collins said in a Friday statement she is glad she and her colleagues were able to work together to “effectively urge the Administration to get these funds released,” she noted that “there is more funding that still needs to be disbursed.”

“I will continue to work to ensure it is delivered swiftly so educators can prepare for the upcoming academic year with certainty and Maine students and families have the resources they need to succeed,” she said.

July 1 notification

The Education Department notified states of the freeze just a day before July 1, when these funds are typically sent out as educators plan for the school year, saying the funds were under review.

A slew of congressional Democrats and one independent pushed back on the funding freeze.

Thirty-two senators and 150 House Democrats urged Vought and Education Secretary Linda McMahon in two letters dated July 10 to immediately release the funds they say are being withheld “illegally.”

A coalition of 24 states and the District of Columbia also sued the administration over the withheld funds.

The rest of the school money

Sen. Patty Murray of Washington state, the top Democrat on the Senate spending panel, called on the Trump administration to release the rest of the frozen funds.

“After we spoke up — and after weeks of needless chaos — the Trump administration is now releasing funding for after school programs while continuing to block billions more in funding for our students, teachers, and schools,” Murray said in a statement Friday.

“Every penny of this funding must flow immediately,” she said. “Whether or not parents know the afterschool program they depend on will exist should not depend on whether Republicans will push back against Trump’s lawlessness — he should simply get the funding out, just as the law requires him to do. I am going to keep pushing until every dollar goes.”

David Schuler, executive director of AASA, The School Superintendents Association, expressed similar concerns in a statement Friday.

“While we’re pleased to see crucial dollars going to afterschool programs which are vital for students across the nation, the bottom line is this: Districts should not be in this impossible position where the Administration is denying funds that had already been appropriated to our public schools, by Congress,” said Schuler, whose organization helps to ensure every child has access to a high quality public education.

“The remaining funds must be released immediately — America’s children are counting on it.”