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Head Start Providers Happy But Cautious After Federal Judge Halts DEI Ban

Several already rewrote their grants and aren鈥檛 sure if they can now restore 鈥榖anned鈥 words. Ruling pauses mass firings but doesn鈥檛 undo 2025 layoffs.

Children at The Playing Field, a Madison, Wisconsin, child care center that participates in the federal Head Start program. (The Playing Field)

Updated Jan. 14

In late November, the leader of a Native American Head Start program on a reservation in Western Washington State opened an email from the federal government to see that her annual application for funding had been denied.聽

The government shutdown had already delayed the much-needed funds by weeks, threatening a closure of her center, which serves toddlers and preschoolers in a tribe of less than 1,000. And now, a week after the government had re-opened, her application had been 鈥渇lagged for containing language that is not allowable under current federal guidance.鈥

In a November email, a Washington State Head Start grantee was told her grant application was flagged for containing federally banned language. (ACLU)

The culprit? Two trainings for teachers 鈥 one focused on inclusionary practices for kids with autism and the other on tools to support young children as they process trauma. Integral to both 鈥 and also part of the rejection 鈥 an acknowledgment that Native American children would receive priority enrollment in her Head Start classrooms and programming, as federal policy stipulates. 

鈥淏ut we鈥檙e supposed to do those things,鈥 the education director, who asked not to be identified because she fears retribution from the Trump administration, told 社区黑料. 鈥淪o for them to pull them? I鈥檓 just 鈥 I鈥檓 not understanding.鈥

Ultimately, although she deeply believed the training sessions and prioritizing indigenous children were inherent to her center鈥檚 success and part of its stated mission, she wiped the offending language. Her updated grant was almost immediately approved.

Until last week such existential calculations were being forced on Head Start programs across the country by the Trump’s administration 2025 executive order banning practices involving diversity, equity and inclusion. On Tuesday, a federal judge issued temporarily halting the administration’s anti-DEI edict. 

鈥淭his is a huge victory for kids!鈥 Joel Ryan, executive director of the Washington State Head Start & Early Childhood Education and Assistance Program, said in a statement. 鈥淲hen a Head Start program has their funding withheld because of their efforts to provide effective education to children with autism, serve tribal members on a reservation, or treat all families with respect, it is an attack on the fundamental promise of the Head Start program.鈥

Shannon Price鈥檚 Ohio Head Start class had a Halloween celebration Oct. 30 for their last day before classrooms were forced to shutter because of the federal government shutdown

The federal early education and support program for low-income families turned 60 last year, a milestone that coincided with perhaps its most challenging and chaotic year. In 2025, the Trump administration  froze 鈥 then quickly unfroze, then delayed 鈥 grant funding, shuttered five regional offices and fired scores of employees. And during the government shutdown, roughly 10,000 kids across 22 programs lost access to services.

The administration also took aim at Head Start’s of better preparing young children in poverty for school by forbidding providers from overtly addressing issues of race, gender or disability, experts said. The banned word list for grant applications included “disabilities,” 鈥渦nderprivileged鈥 and 鈥淣ative American.鈥

The Washington State Native American Head Start director said on reservations 鈥渏ust about every one of our children have been touched by trauma鈥 that relates to their race and the painful history of indigenous people in the U.S. 

鈥淚f we don鈥檛 know how to work with kids where things are being triggered,鈥 she added, 鈥渢hen how are we going to move forward and have the best education for these kids so they are not shutting down all the time?鈥

Thrilled but cautious

The Jan. 6 injunction was part of a lawsuit filed in April 2025 against Department of Health and Human Services Secretary Robert F. Kennedy Jr. and other officials, alleging that the administration was attempting to illegally dismantle Head Start, which serves roughly 700,000 children and families a year.

Roughly 80% of Head Start鈥檚 funding comes from HHS and it has long been a stated goal of the right wing to eliminate the program.

The ruling means that for the duration of the ongoing case, the administration can鈥檛 enforce the DEI ban nor can it punish Head Start providers for including DEI-related language in their applications or practices in their programs. The judge also ruled the administration cannot fire any more employees at the Office of Head Start, though the sweeping layoffs that have already occurred stand. 

Back in September, the same judge granted a temporary injunction halting the administration from banning undocumented preschoolers and other groups of immigrant children from enrolling in Head Start programs.

In a mandated announcement Friday afternoon, the federal Office of Head Start acknowledged the court鈥檚 ruling, saying, certain actions against “DEIA (Diversity, Equity, Inclusion, and Accessibility) … may not be implemented or enforced鈥 for the time being, though they didn鈥檛 provide any guidance for providers who were forced to remove training and programming in past applications.

In a mandated announcement Friday afternoon, the federal Office of Head Start acknowledged Tuesday鈥檚 temporary injunction. (Office of Head Start)

The Office of Head Start and HHS did not immediately reply to a request for comment on whether further guidance was forthcoming. 

The Washington grantee expressed cautious optimism in response to the ruling, paired with significant anxiety about what comes next. Her approved application is a binding contract, she said, and since it does not include the trauma and autism trainings or prioritization of native kids, she fears she鈥檒l be deemed out of compliance and forced to pay back the money if she proceeds in that direction anyway. 

She said she could try to re-submit an updated application that includes the previously banned words, but 鈥渢hat would be calling more attention to us, and I really am afraid of the retaliation,鈥 especially given the non-permanent nature of  the injunction.

鈥淲henever you put 鈥榯emporary鈥 on something, I鈥檓 always cautious,鈥 she added. 鈥淵es, if more things come out I feel like there will be support and it鈥檒l take care of this, but you can鈥檛 be certain of that in this political climate.鈥 

It鈥檚 possible the Trump administration could appeal the injunction and it鈥檚 not clear how long it will take the underlying case to work its way through the courts.

In the meantime, Ryan, executive director of Washington’s Head Start Association, emphasized that the Trump administration 鈥渃an鈥檛 enforce a contract that is going against the law.鈥 But, he acknowledged, 鈥渨hat that means on the ground is different, because there鈥檚 so much fear of retaliation.鈥

鈥淚鈥檓 getting a sense that people will move with a lot of caution at first here to see what happens,鈥 he said. 鈥淚 don’t know if they’re going to want to make wholesale changes right out of the gate.鈥

Linda Morris, senior staff attorney at the ACLU鈥檚 Women鈥檚 Rights Project and one of the attorneys who filed the suit,  said that while this ruling 鈥渄oesn鈥檛 undo those harms that the administration already inflicted,鈥 it鈥檚 still 鈥渁 huge win for families and it鈥檚 a huge win for Head Start providers.鈥

鈥淲e鈥檙e thrilled with the decision,鈥 said Morris.

The initial DEI ban, she said, had put Head Start providers in 鈥渁n impossible bind,鈥 since they were being required to remove programming and words from their grant applications that were required by the statutory text of the Head Start Act. 

They were 鈥渋n constant fear of being forced to comply with an unlawful directive and potentially be out of step with their mission and their obligations under the Head Start Act or,鈥 she said, 鈥渢hey risk being punished and losing their funding and even being forced to close.鈥

鈥業f it weren鈥檛 real life, it would be hilarious鈥

Morris and her ACLU colleagues first filed the lawsuit last spring on behalf of a number of state Head Start Associations as well as parent organizations. Initially, the complaint challenged the mass layoffs and restructuring of the federal Office of Head Start as well as the DEI ban, alleging all were causing irreparable harm.

In July, they updated the complaint following the Trump administration’s unprecedented move to exclude families from Head Start based on immigration status.

The complaint was again updated after the executive director of a Head Start agency in Wisconsin had her Jan. 1 grant application returned with instructions to remove 19 words and phrases, including 鈥渋nstitutional,鈥 鈥渉istorically,鈥 鈥渆quity,鈥 鈥渂elong鈥 and 鈥減regnant people.鈥 Later that morning, the Office of Head Start followed up with a 鈥渃omplete least of [nearly 200] words鈥 banned from Head Start applications.

In response, senators Patty Murray (D-WA), Bernie Sanders (I-VT) and Tammy Baldwin (D-WI) issued a Dec. 18 to RFK Jr. expressing 鈥渙utrage.鈥

鈥淭he chaos you are creating is already jeopardizing services for nearly 700,000 young children across this country,鈥 they wrote, adding that 鈥渢he ambiguous policy was not accompanied by clarification on what the Administration considers 鈥楧EI,鈥 and Head Start programs were left with no meaningful guidance on compliance.鈥

Ultimately, the Wisconsin provider updated her application to fit this new criteria, but, she wrote in a court record, 鈥渃ompliance is challenging because many of the words on the list are integral to Head Start programming requirements.鈥 The grant application itself, she noted, 鈥渁lready includes some of these prohibited words in pre-populated text 鈥 and application questions specifically request responses that include these words.鈥

鈥淭his has put me in an impossible situation,鈥 she continued.

Jennie Mauer is the executive director of the Wisconsin Head Start Association. (Jennie Mauer)

Jennie Mauer, the executive director of the Wisconsin Head Start Association, said this grantee was one of three in her state serving roughly 860 young children to have their applications returned this month because of the DEI ban. Another was accused of non-compliance for writing that they would make an effort to 鈥渦tilize small businesses, minority businesses, and women-owned businesses.鈥

鈥淚f it weren鈥檛 real life, it would be hilarious,鈥 said Mauer. 鈥淭here are things that are in the form like, 鈥楾ell us how you鈥檙e going to serve children with disabilities,鈥 but then you can’t say the word 鈥榙isability.鈥 How do you wrap your head around that? It鈥檚 infuriating. I鈥檓 just wringing my hands over here.鈥

The latest ruling, she said, 鈥渄oesn鈥檛 necessarily mean that everything is better, but it means that these worst-case scenarios aren’t going to come to fruition,鈥 at least not immediately.

And while she鈥檚 hopeful the government will comply with the judge鈥檚 order, damage has  been done to Head Start communities, she said, leaving program leaders, providers and families worried.

鈥淵ou feel like we’re in this sort of Cold War environment where people are afraid,” she said. 鈥淵ou shouldn鈥檛 be afraid of your government.鈥

Note: 社区黑料 replaced two of the photos that ran in an earlier version of this story.

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