A federal judge in Concord pressed the Trump administration Thursday for more details about its ban on diversity, equity and inclusion in schools, including what would be prohibited. The federal government鈥檚 answers offered little clarity for educators wondering what they can 鈥� and can鈥檛 鈥� do.
Presiding over a lawsuit challenging the new restrictions, Judge Landya McCafferty noted the federal government has given schools conflicting guidance on what the ban would cover. When she asked for specific examples of what kind of activities could run afoul of the prohibitions, U.S. Department of Justice attorney Abhishek Kambli said it would be 鈥渋mpossible鈥� to identify all the scenarios.
鈥淚t鈥檚 how (schools) treat students, not what they teach,鈥� Kambli said during Thursday鈥檚 hearing. 鈥淲hat they teach does not have any bearing.鈥�
The coalition challenging the DEI ban includes the ACLU and the National Education Association on behalf of educators, including three in New Hampshire. They鈥檝e asked the court to prevent the Trump administration from enforcing its ban, which, if violated, could costs schools millions in federal funding.
They have asked McCafferty to rule by April 24, the federal deadline for schools to confirm they do not have DEI programs that violate anti-discrimination laws.
New Hampshire schools, however, were required to have their compliance forms to the state Department of Education by Thursday. As of late Thursday, about 165 of the state鈥檚 218 school districts had , according to the state鈥檚 tracker.
Four of those districts have refused and instead asked to join the lawsuit: Dover, Oyster River, Somersworth, and Hanover. School officials in Norwich, Vermont also signed on. Portsmouth, which last week said it was joining the case, is no longer participating, according to attorneys involved.
A spokesperson for the New Hampshire Education Department said they are required to tell their federal counterparts by April 24 which schools fail to submit forms.
In court, ACLU attorney Sarah Hinger told McCafferty the federal ban on DEI programs is too vague to follow and violates teachers鈥� and educators鈥� free speech rights. She and McCafferty noted the federal government has given schools conflicting guidance on what the ban would cover.
The written guidance schools received in February included programming and training, Hinger said. That goes beyond the narrow definition that the federal government鈥檚 attorney offered Thursday, she said.
鈥淲hat the government has said in court and in its legal filings really differs,鈥� she said. 鈥淎nd I think the court picked up on this.鈥�
This is not the only ban on DEI New Hampshire schools may be facing.
House Republicans that would withhold state funding from New Hampshire schools with DEI programs. The bill goes beyond targeting programs that classify people by race, gender, and ethnicity to include 鈥渙ther group characteristics for the purpose of achieving demographic outcomes.鈥�
And teachers unions and the ACLU New Hampshire continue to challenge a 2021 state law that would limit lessons on racism, sexism, and gender discrimination. A New Hampshire federal district court judge in 2024, saying it was too vague to follow.
The state is .
The five New Hampshire school districts that are challenging the Trump Administration's most recent DEI order, told the court they know they risk losing millions if they don鈥檛 comply. But they have no idea what counts as banned practices.
Somersworth Superintendent John Shea if that included free and reduced-price lunch, special education services, and support for immigrant families.
鈥淭he District has many goals for its schools and students鈥攐ne of which is to increase equitable opportunities and to ensure that a student鈥檚 demographic characteristics do not limit a student鈥檚 success in school and life,鈥� wrote in a court filing.
Dover鈥檚 assistant superintendent, Christine Boston, said her district remains committed to its equity plan, which calls for making the school culture inclusive, safe, and welcoming for all students and hiring a diverse staff that reflects the diversity of the student body.
鈥淭he (Trump administration鈥檚 order,) though its vaguely worded prohibitions, threatens the essence of what keeps our learning environment a place where all staff and stunned are welcomed and succeed,鈥� Boston wrote in a court filing.
