The Trump administration said this week it is abandoning plans to withhold federal money from New Hampshire schools if they have diversity and equity programs.
The announcement came in response to a federal lawsuit filed a year ago by New Hampshire’s largest teachers union and four New Hampshire public school districts. In that case, the national ACLU and ACLU of New Hampshire challenged the Trump administration’s DEI ban as a violation of the free speech rights of teachers and students.
Federal Judge Landya McCafferty temporarily blocked the ban in April while the parties litigated the case.
Tuesday night, the U.S. Department of Justice filed an agreement with the national and local chapters of the National Educational Association and school districts saying it would no longer enforce the federal DEI restrictions in New Hampshire. It did not say why, but pointed to a similar legal challenge in Maryland. In that case, the Department of Justice agreed last month to drop enforcement of the ban in Maryland without explanation.
In exchange, the New Hampshire teachers union and school districts agreed to drop their case.
Citing the Maryland case, McCafferty indicated in an order late last month that she would dismiss the case unless the parties persuaded her otherwise.
The agreement does not resolve two separate lawsuits challenging New Hampshire laws that seek to ban diversity and equity initiatives in schools and limit teaching on racism and discrimination.
The National Education Association of New Hampshire, several school districts, and civil rights groups sued the state in August over a new law that prohibits any DEI initiatives in schools and public agencies that take steps to improve outcomes for individuals who are grouped by age, sex, gender identity, race, or disability. Schools face funding cuts if they violate the law, which was tucked into the state budget last year by Republicans.
McCafferty, the same judge who is overseeing the challenge to the federal ban, temporarily blocked the state law in October. An initial pre-trial conference is set for March.
The state’s 2021 so-called “banned concepts” law is also on hold. A federal judge overseeing a lawsuit filed by educator unions ruled it unconstitutional in 2024. The state is appealing.
