Trump administration drops legal appeal over anti-DEI funding threat to schools and colleges

Trump Administration Drops Appeal Against Court Ruling Blocking Anti-DEI Efforts

The Trump administration has abandoned its legal fight to preserve controversial guidance that threatened to cut federal funding to educational institutions maintaining diversity, equity, and inclusion (DEI) initiatives. In a court filing Wednesday, the Education Department moved to dismiss its appeal of an August federal court ruling that had blocked the anti-DEI campaign.

The dismissed appeal leaves in place U.S. District Judge Stephanie Gallagher’s decision, which found the administration’s efforts violated the First Amendment and federal procedural requirements. Judge Gallagher, presiding in Maryland, had determined that the guidance improperly restricted educators’ free speech rights.

Democracy Forward, a legal advocacy organization representing plaintiffs in the case, celebrated the dismissal. “Today’s dismissal confirms what the data shows: government attorneys are having an increasingly difficult time defending the lawlessness of the president and his cabinet,” said Skye Perryman, the group’s president and CEO. The organization characterized the outcome as “a welcome relief and a meaningful win for public education.”

The controversy began in February when the Education Department issued a “Dear Colleague Letter” warning educational institutions that they risked losing federal funding if they maintained certain DEI practices. The memo specifically prohibited consideration of race in college admissions, hiring, scholarships, and what it broadly termed “all other aspects of student, academic, and campus life.”

The guidance claimed that efforts to increase diversity had resulted in discrimination against white and Asian American students. The department later expanded its campaign by requiring K-12 schools to certify they did not practice DEI, again using federal funding as leverage.

Judge Gallagher’s August ruling delivered a significant blow to these efforts. In her decision, she determined that the guidance had a chilling effect on educators, “causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished.”

The American Federation of Teachers, which filed the initial challenge to the guidance, has been at the forefront of opposition to the administration’s anti-DEI campaign. The union, representing 1.7 million members nationwide, has consistently argued that DEI initiatives are essential for creating equitable learning environments for all students.

The abandoned appeal represents a notable retreat on what had been a cornerstone of the administration’s education policy. The anti-DEI push aligned with broader conservative critiques of diversity programs in education, which have intensified in recent years. Critics of DEI initiatives argue they promote discrimination and divisive concepts, while supporters maintain they are necessary to address systemic inequities in education.

This legal defeat comes amid a broader national debate about the role of diversity programs in American institutions. Several states, including Florida and Texas, have passed legislation restricting DEI programs at public universities, creating a patchwork of policies across the country.

The Education Department, which did not immediately comment on the dismissal, now faces questions about its approach to diversity initiatives in the education system going forward. The court ruling effectively prevents the department from enforcing the guidance that would have significantly restricted DEI programs nationwide.

Educational policy experts note that the administration’s retreat on this issue may reflect recognition of the legal challenges involved in restricting diversity initiatives through executive action, particularly when such restrictions potentially infringe on constitutional rights.

The Associated Press notes that its education coverage receives financial support from multiple private foundations, while maintaining that AP is solely responsible for all content.