Late last week, a U.S. district judge in Maryland ruled in favor of AFT and a coalition of associations, educators, and school districts, declaring that the Trump Administration’s efforts to eliminate diversity, equity, and inclusion (DEI) programs at schools, colleges, and universities is unconstitutional.
“Here, the government decided to put its thumb on the scale to chill teachers’ duty to create safe and welcoming classrooms where critical thinking is valued and history is presented in an open and honest way,” said AFT President Randi Weingarten in a statement celebrating the ruling.
What led to the lawsuit?
At the heart of the case, American Federation of Teachers et al. v. U.S. Department of Education et al, are two Department of Education memos, reinforcing President Donald Trump’s executive order banning DEI programs.
The first memo, issued in February, presented an ultimatum to pre-K-12 and higher education institutions to end initiatives supporting diversity in admissions, financial aid, and hiring within 14 days or risk losing federal funding.
The second memo took aim at pre-K-12 schools, requiring them to certify that they had ended “discriminatory” DEI practices and that they were following federal civil rights laws. Taken together, these directives seemed likely to have a chilling effect on school programs and practices, far beyond their exact written text.
Why did AFT sue?
Not only did the executive order and memos threaten catastrophic funding losses at a time when school districts nationwide are already in budget turmoil, they all but ensured a culture of fear and self-censorship among educators.
How does a social studies or government teacher discuss American history or current events without acknowledging issues of race, gender, or socioeconomic class? Furthermore, how do universities ensure students of all backgrounds can attend if they are unable to provide additional assistance to applicants from communities with fewer inherited means and resources?
Our union believes it’s not particularly political or partisan to celebrate diversity, to strive for equity, or to take pride in inclusion. In fact, we consider it our duty as educators.
What does this mean for Texas?
In the 89th Legislature, lawmakers passed Senate Bill 12, a far-reaching bill couched under the mantle of “parental rights.” Among its many potentially damaging provisions is the prohibition of “DEI duties” for pre-K-12 schools. Those duties include:
- Influencing hiring or employment practices with respect to race, sex, color, or ethnicity except as necessary to comply with state or federal anti-discrimination laws
- Promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity
- Developing or implementing policies, procedures, trainings, activities, or programs that reference race, color, ethnicity, gender identity, or sexual orientation except for student recruitment at historically black colleges and universities (HBCUs) or as required by federal law
- Compelling, requiring, inducing, or soliciting any person to provide a DEI statement or giving preferential consideration to any person based on the provision of a DEI statement
None of those prohibitions should affect how educators teach the TEKS; however, as we have seen with other curriculum censorship attempts from the Legislature, there are sure to be districts and educators that censor classroom discussions preemptively out of fear.
It remains unclear how the federal ruling will affect SB 12, which is set to go into effect Sept. 1. Texas AFT will continue to monitor the implementation of this bill and advise our members and local unions about their rights and responsibilities.