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’s answers offered little clarity for educators wondering what they can — and can’t — 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 “impossible” to identify all the scenarios.
“It’s how (schools) treat students, not what they teach,” Kambli said during Thursday’s hearing. “What they teach does not have any bearing.”
The coalition challenging the DEI ban includes the ACLU and the National Education Association on behalf of educators, including three in New Hampshire. They’ve 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’s 218 school districts had submitted compliance forms, according to the state’s 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’ and educators’ 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’s attorney offered Thursday, she said.
“What the government has said in court and in its legal filings really differs,” she said. “And I think the court picked up on this.”
This is not the only ban on DEI New Hampshire schools may be facing.
House Republicans have proposed legislation 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 “other group characteristics for the purpose of achieving demographic outcomes.”
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 struck down the law in 2024, saying it was too vague to follow.
The state is appealing.
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’t 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.
“The District has many goals for its schools and students—one of which is to increase equitable opportunities and to ensure that a student’s demographic characteristics do not limit a student’s success in school and life,” wrote in a court filing.
Dover’s 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.
“The (Trump administration’s 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,” Boston wrote in a court filing.
