WASHINGTON (States Newsroom) — A legal challenge is already underway over the U.S. Department of Education’s sweeping Dear Colleague letter, which threatens to rescind federal funds for schools that use race-conscious practices in programming, admissions, scholarships and other aspects of student life.
The American Federation of Teachers — one of the largest teachers unions in the country — filed a complaint Tuesday alongside its affiliate, AFT-Maryland, and the American Sociological Association over the Feb. 14 letter that Acting Assistant Secretary for Civil Rights Craig Trainor sent to schools.
The letter came as President Donald Trump and his administration have taken major steps to try to crack down on diversity, equity and inclusion efforts across the federal government.
But the four-page letter created myriad questions for schools — from pre-K through college — over what exactly falls within the requirements.
“The vagueness and apparent contradictions created by the Letter make it impossible for Plaintiffs’ members to know how to comply with its requirements and thus will restrict their ability to do their jobs and serve their students,” according to the complaint, filed in U.S. District Court for the District of Maryland in Baltimore.
The complaint argues that implementation of the letter would lead to “devastating impacts on schools,” including undermining schools as a “training ground for informed, prepared citizens” and impeding on efforts to “further equal access to education, and the promise of opportunity.”
“No federal law prevents teaching about race and race-related topics” and “multiple federal statutes prohibit the Department from dictating institutional and educational programs and curricular choices, which are typically decisions made by states, localities, and educational institutions,” per the complaint.
The groups of educators and sociologists are requesting a preliminary injunction to prevent the department from enforcing the letter.
The organizations are also asking the court to declare that the letter is “unlawful and unconstitutional” and to set aside the document as “arbitrary and capricious; contrary to constitutional right; in excess of statutory authority; and without observance of proper procedure required by law.”
Feb. 14 letter
In the letter, Trainor cautioned schools across the country that they could face the “potential loss of federal funding” if they failed to comply and the department would begin to “assess compliance” no later than Feb. 28.
Trainor interprets a June 2023 ruling in the U.S. Supreme Court that struck down the use of affirmative action in college admissions.
Trainor argued that despite the decision specifically applying to admissions, “the Supreme Court’s holding applies more broadly.”
He wrote that “federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”
The Departments of Education and Justice did not immediately respond to requests for comment Wednesday.
