Judge orders Trump administration to continue 'DEI' grant for school desegregation aid

A federal judge ruled Wednesday that the Trump administration wrongly shut down a grant to promote desegregation of schools in the South by claiming it was a DEI program.

Judge Paul Friedman, a Clinton appointee to the court in Washington, said the Southern Education Foundation has been doing critical work for critical populations, and he said it was wrong to wrap that under the rubric of “diversity, equity and inclusion.”

“In view of the history of race in America and the mission of SEF since the Civil War, the audacity of terminating its grants based on ‘DEI’ concerns is truly breathtaking,” the judge wrote.

The foundation was approved by the Education Department under President Biden for a five-year, $8.6 million grant.

The Trump administration moved to end that money, sending a form letter saying the foundation’s spending broke one of five new precepts: It promoted DEI, it discriminated, it violated civil rights law, it conflicted with department policies, or it was plagued with fraud.

But the letter didn’t say which of those strictures the foundation violated, Judge Friedman said. He said that violated the requirement that agencies give a “satisfactory explanation” for their decision-making.

He gave Education Secretary Linda McMahon five days to restore the foundation’s money and reimburse the foundation for expenses incurred between the time it was cut off in February and now.

Judge Friedman also ordered Ms. McMahon not to try an end run around his ruling by seeking other shortcuts to end the foundation’s grant.

The Southern Education Foundation was formed in 1867, shortly after the Civil War, and worked to expand education opportunities for former slaves, including advocating against segregation.

It used the 2022 grant money on what’s known as EAC-South, which focuses on desegregation.

In another ruling Wednesday, Judge Friedman said the department seems to be on solid legal ground, for now, in its cuts to its Office of Civil Rights.

The administration cut its staff by 50% and closed seven of its dozen regional offices.

But Judge Friedman said the office is still doing its basic work required by law.

“Unfortunately for plaintiffs, the evidence they offer does not support their claim that OCR is failing to satisfy its statutory obligations; indeed, it unequivocally shows that OCR is still investigating complaints,” the judge ruled.