The ACLU of Pennsylvania and the Education Law Center of Pennsylvania have sent letters to school administrators throughout the state, urging them to retain their diversity, equity and inclusion (DEI) programs despite threats from the Trump administration to end their federal funding if they don’t eliminate the programs.
On March 12, about 700 letters were emailed to all school districts, charter schools and regional education service agencies throughout the state.
Both groups that sent the letters support LGBTQ+ rights and hold the position that DEI programs are legally permissible, despite assertions to the contrary from Trump administration officials.
Their “letter of guidance” states that elimination of DEI programs could be a violation of existing state and federal law and the First Amendment.
DEI is a broad term that refers to the policies and initiatives that schools and other entities implement to prevent discrimination, comply with civil rights laws and create environments more welcoming to people from marginalized communities.
However, officials with the Trump administration maintain DEI programs are unlawful because they allegedly promote stereotypes, promote reverse discrimination and create hostile environments for many students.
Last month, the U.S. Department of Education sent a “dear colleague” letter to educational institutions receiving federal funds, warning them to end their DEI programs or risk losing their federal funding.
The letter cites the U.S. Constitution, federal statutes and a recent Supreme Court ruling to support its position that DEI programs are unlawful. The letter focuses on DEI initiatives involving race and national origin. However, DEI initiatives could also include LGBTQ+ protections, because they promote efforts to teach inclusively and to ensure curriculum and school communities are representative of all students.
DEI initiatives that elevate the voices of LGBTQ+ students could include: respecting a student’s chosen pronouns; allowing students to use restrooms matching their gender identity; implementing LGBTQ-inclusive curriculum; having LGBTQ-themed books in school libraries; hosting LGBTQ+ speakers; sponsoring LGBTQ+ student affinity groups; and displaying rainbow flags and other LGBTQ+ symbols in classrooms.
The ACLU-PA/Education Law Center-PA letter emphasizes that school curriculum is a matter of state and local laws, not federal laws. The letter urges school administrators to not be overly-concerned about funding threats from the Trump administration because those threats are largely unenforceable.
“If Pennsylvania school administrators were to cave to the Department of Education’s vague demand to end any programs that promote diversity, equity, and inclusion, the chances of such a move ending in a costly nondiscrimination lawsuit are high,” said Stephen Loney, senior supervising attorney at the ACLU of Pennsylvania, in a press release. “The Department of Education’s threats are rooted in either the willful misinterpretation or a laughably incompetent reading of existing law. If the federal government tries to follow through on these threats, ACLU-PA will be there to defend any school’s rights to continue implementing policies that promote diversity, equity, and inclusion.”
Loney’s sentiments were echoed by Kristina Moon, senior attorney at the Education Law Center — PA.
“We’ve been monitoring these harmful efforts at the school board level for years,” Moon told PGN. “And now, with these federal threats, we’re urging LGBTQ students who are impacted by discrimination at their school to contact the Education Law Center Helpline, 215-238-6970 or email us at [email protected].”
Moon added: “We have grave concern that there is confusion caused by the [federal] ‘dear colleague’ letter among school leaders who had previously understood the law correctly to support DEI initiatives and the importance of creating an affirming school for every child. We really hope our letter responds to the questions we’ve been receiving from parents, community members and school leaders and helps them understand the state of the law and their obligation to their students.”
The ACLU-PA is urging school officials to reach out to the organization if they have any legal concerns about initiating or maintaining DEI programs.
The Education Law Center-PA is a nonprofit, legal advocacy organization with offices in Philadelphia and Pittsburgh, dedicated to ensuring that all children in Pennsylvania have access to quality public education. Through legal representation, impact litigation, community engagement and policy advocacy, ELC advances the rights of underserved children, including children living in poverty, children of color, children in the foster care and juvenile justice systems, children with disabilities, multilingual learners, LGBTQ+ students and children experiencing homelessness.