Eugene School District 4J

The federal government officially has abandoned an effort that potentially threatened more than $18 million in federal funding that Eugene School District 4J receives each year.

On Wednesday, Jan. 21, lawyers representing the U.S. Department of Education voluntarily withdrew their appeal contesting a ruling last summer by a federal judge in Maryland. The judge had tossed out an attempt by the education department to dismantle diversity, equity and inclusion, or DEI, programs by threatening to withhold federal money from those K-12 schools and colleges that did not certify in writing they had none.

The withdrawal of the appeal means the judge’s rulling will stand and the education department can't enforce the certification requirement against any school in the country.

“This is a welcome relief and a meaningful win for public education,” said Skye Perryman, chief executive of Democracy Forward, which had sued the federal government on behalf of a board coalition of educators, including 4J. 4J was the only K-12 school district in the nation to join as a plantiff in the suit.

In August, the Maryland judge had determined that the education department violated federal law by failing to provide notice and an opportunity for comment before finalizing the certification requirement and an earlier “Dear Colleague” letter that outlined the federal agency’s rationale for it. The certification requirement and letter also run afoul of constitutional free speech and due process protections, the judge concluded. 

The coalition of educators, which also included the nation’s largest teachers’ union, has argued that schools would risk losing funding if an educator taught a subject or offered student support that the federal agency deemed a diversity, equity and inclusion practice that is impermissible and discriminatory. In that event, 4J argued, the district would have had to lay off teachers and increase class sizes as the district receives more than $18 million dollars a year in federal funding. Those dollars include Title I funding to provide additional academic supports for low-income students, and Individuals with Disabilities Education Act (IDEA) funding to provide special education services to students with disabilities.