Together, the American Civil Liberties Union, the ACLU of New Hampshire, the ACLU of Massachusetts, and the National Education Association (NEA) filed a lawsuit against the Department of Education challenging the department’s Dear Colleague Letter from Feb. 14. The letter said that the department would cut federal funding for any educational institution nationwide that engaged in diversity, equity, and inclusion (DEI) efforts.
The lawsuit argued that the Department of Education has no lawful right to “dictate” curriculum or educational programs and educational institutes are protected under federal law to create their own curriculum, including DEI.
“The Dear Colleague Letter is a brazen attempt to intimidate schools into abandoning lawful efforts to create inclusive learning environments,” Anthony D. Romero, ACLU executive director, said. “This is a blatant attack on free speech and academic freedom, aiming to deprive students of a full and honest education. We will not stand by as the Department of Education uses fear and coercion to force schools and educators into self-censorship by threatening to strip federal funding.”
The lawsuit argued three main points of the letter, according to ACLU:
- Imposing unfounded and vague legal restrictions that violate due process and the First Amendment;
- Limiting academic freedom; and
- Impermissibly dictating what educators can teach and what students are allowed to learn.
We’re urging the court to block the Department of Education from enforcing this harmful and vague directive and protect students from politically motivated attacks that stifle speech and erase critical lessons,” Becky Pringle, president of the National Education Association, said. “Teaching should be guided by what’s best for students, not by threat of illegal restrictions and punishment.”
Many educators nationwide said the Department of Education is “restricting speech and academic freedom, and opening educators to arbitrary and discriminatory enforcement,” according to ACLU.
“Like New Hampshire’s classroom censorship law that we successfully challenged in court, this unconstitutionally vague letter is an attack on educators who are simply doing their job,” Gilles Bissonnette, legal director of the ACLU of New Hampshire, said. “Teachers are already reporting being afraid to teach for fear of having their teaching deemed unlawful, and that deprives Granite State students of the complete education that they deserve.”
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