Eugene School District 4J

A coalition of educators that includes Eugene School District 4J has prevailed in its legal challenge of recent federal action that potentially threatened more than $18 million in federal funding the district receives each year.

A Maryland judge tossed out a February “Dear Colleague” letter and subsequent certification requirement from the U.S. Department of Education that the coalition had argued would enable the DOE to withhold federal funding to school districts and other educational institutions. The department could take such action, the coalition said, if a district teacher or staff member taught a subject or offered student support that DOE deemed a diversity, equity and inclusion practice that is impermissible and discriminatory.

Board member Jenny Jonak said the ruling protects the rights of all students to have fair and equal access to public education.

"Students need to feel included, and educators must be able to meet their needs and teach to state and local standards—without fear of losing the federal funding our students need and deserve,” she said. “No public school should have to choose between supporting students and providing an honest, high-quality education."

In her 76-page ruling released Thursday, Aug. 14, U.S. District Judge Stephanie Gallagher determined that the DOE violated federal law by failing to provide notice and an opportunity for comment before finalizing the letter and certification requirement. The letter and certification also run afoul of constitutional free speech and due process protections, the judge concluded. 

“The government did not merely remind educators that discrimination is illegal [in its letter]: it initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished,” she wrote.

4J had argued that it would have “to fire teachers, shorten the school year, increase class sizes, reduce course offerings, and eliminate or downsize programs for gifted and disabled students” if the district had been unable to receive certification from DOE and had federal funding withheld. The district receives more than $18 million dollars a year in federal funding, including Title I funding for low-income students, and Individuals with Disabilities Education Act (IDEA) funding to provide special education services to students with disabilities.

The coalition, which filed its lawsuit in late February, also includes the American Federation of Teachers, AFT-Maryland and the American Sociological Association. Democracy Forward represented the coalition at no cost. Its press release announcing the court decision can be found on its website.