In a significant development, the U.S. Department of Education has withdrawn its appeal following a federal judge's August decision that halted the Trump administration's campaign against diversity, equity, and inclusion (DEI) programs which put federal funding for schools and higher education institutions at risk. This withdrawal, officially filed in court on Wednesday, upholds the ruling that deemed the anti-DEI campaign as infringing upon First Amendment freedoms and violating established federal procedures.
The controversy stemmed from federal guidance issued by the department that warned educational institutions they faced potential loss of federal funds if they continued various practices associated with DEI efforts. These initiatives were characterized by the previous administration as excessive or discriminatory. The guidance specifically cautioned against the consideration of race in college admissions, hiring, scholarships, and other aspects of campus life, claiming such practices resulted in discrimination against white and Asian American students.
Initially, the Education Department’s approach included a “Dear Colleague Letter” disseminated to schools in February, outlining that racial preferences were impermissible. Subsequently, the department expanded its campaign by requesting K-12 schools to affirm they were not engaging in DEI programs, again threatening funding cuts for non-compliance.
The American Federation of Teachers, representing educators in this legal confrontation, challenged both the initial guidance and the subsequent requests. U.S. District Judge Stephanie Gallagher of Maryland struck down these directives, ruling that the government’s actions suppressed free speech rights of educators. Judge Gallagher noted that millions of teachers feared lawful and constructive expressions related to DEI might lead to punitive measures against themselves or their institutions.
Following the decision, the Education Department pursued an appeal, which it has now chosen to dismiss, effectively cementing the court's original stance. In response to the dismissal, Democracy Forward, a legal advocacy organization representing the plaintiffs, described the move as a positive development for public education, highlighting the growing difficulties government attorneys face when defending policies perceived as unlawful by the courts.
The withdrawal signals an end to the federal government’s attempt, under the prior administration, to curtail DEI initiatives through financial penalties, thereby securing a measure of protection for continuing diversity and inclusion efforts in American educational settings.
At this time, the Education Department has not issued any public commentary regarding the dismissal of the appeal.