SAN FRANCISCO (CN) - A federal judge appeared likely to grant the temporary restraining order San Francisco Unified School District seeks against a Trump administration government agency - though he did not immediately issue a ruling during a hearing Friday afternoon.
The school district claimed that Americorps, a federal agency that oversees grants and funding for vulnerable populations, threatened to withhold federal funding to schools because President Donald Trump declared that the schools in the district support diversity, equity and inclusion.
According to the school district said in their complaint filed in March, Americorps issued a directive on Feb. 13 to the school district to stop all grant activities that "promote DEI" and get in line with Trump's positions on DEI and climate change or have their funding taken away.
"Specifically, AmeriCorps gave recipients, including plaintiffs, just a few days to either 'immediately'; cease any activities that promote DEI, promote 'gender ideology,' or address climate change or other environmental issues - without explaining what activities would be 'noncompliant' - and agree to amended grant terms, or lose their AmeriCorps grants entirely," the school district said in its complaint.
The school district argued that the directive to withhold funding violates the Spending Clause of the U.S. Constitution and the Administrative Procedure Act.
The school district said that many of its programs face uncertain futures if an injunction is not granted, and that the very purpose of the Americorps grants is to support vulnerable populations.
The school district receives nearly $700,000 from Americorps annually that is used primarily to tutor vulnerable students at 38 public schools in the district. When the lawsuit was filed, school district Superintendent Maria Su said the money from Americorps was integral to supporting vital programs and preserving resources for the district, as the school district is already planning to lay off teachers to address a $113 million deficit.
The school is being represented in court pro bono by San Francisco City Attorney David Chiu's office, which blasted Americorps' attempt to withhold the funding when the suit was filed.
"President Trump cannot hold our kids and seniors hostage to force people to agree with him," Chiu said then.
The city of Santa Fe, New Mexico, joined the San Francisco Unified School District in the lawsuit and said it would need to eliminate programs for seniors and children if Americorps funding is taken away.
Source: Courthouse News Service
