NWLC submitted a comment opposing a proposed rule issued by the Department of Education in August 2026 that would inject this administration’s political and policy preferences into federal education grantmaking. First, our comment explains that this rule would give the Department overly broad and undue authority to terminate disfavored grants, including “for convenience.” Second, it would impose unworkably vague restrictions on grantees, including prohibiting the use of lawful diversity, equity, and inclusion practices in admissions and employment under the guise of promoting “merit.” Third, it would alter the selection criteria for competitive grants to give lower scores to applicants with inclusive policies. Fourth, it would require states and subgrantees to comply with illegal executive orders. Fifth, the proposed rule would be devastating for schools and other educational grantees that are inclusive of diverse communities and perspectives. For all of these reasons, we urge the Department of Education to immediately withdraw this proposed rule.

Read our comment here.

Background: This August 2026 proposed rule follows a joint rule proposed by the Office of Management and Budget and 41 other federal agencies, including the Department of Education, in May 2026 to weaponize federal funding and give the executive branch sweeping power over $1.2 trillion of federal funds. In response, NWLC joined nearly half a million individuals, educators, scientists, advocacy organizations, lawmakers, and other community members in strongly opposing the joint rule. As a result, Congress passed and President Trump signed an appropriations law prohibiting the joint rule or a “substantially similar rule” from being issued, finalized, or enforced through December 11, 2026. Yet the Department of Education proposed this second rule in August 2026 with many provisions that are substantially identical to the joint rule, thus violating federal law.