The federal government has instructed some Head Start early childhood programs to remove a list of approximately 200 words and phrases from their funding applications, with potential denial of funding for non-compliance. This directive emerged on December 5 as part of an ongoing lawsuit filed by Head Start programs against the U.S. Department of Health and Human Services (HHS). Plaintiffs contend that the directive, linked to an administration ban on diversity, equity, and inclusion (DEI) initiatives, conflicts with Head Start's statutory mandate.
Background of the Directive and Lawsuit
Head Start programs, which serve approximately 750,000 infants, toddlers, and preschool-age children nationwide by offering childcare, early learning, free meals, health screenings, and family support, were informed of the word omission guidance. The information became public through court documents submitted as part of a lawsuit initiated by Head Start programs in Pennsylvania, Washington, Wisconsin, and Illinois. The lawsuit names the U.S. Department of Health and Human Services (HHS) and its secretary as defendants. HHS has not provided public comment or clarification regarding the directive or the list of terms.
The Omitted Terms
The comprehensive list includes nearly 200 words and phrases, which programs have been instructed to limit or avoid in government documents. Examples of these terms include "accessible," "belong," "Black," "disability," "female," "minority," "Racism," "Race," "Racial," "trauma," "tribal," and "women."
The lawsuit's plaintiffs argue that the directive banning diversity, equity, and inclusion (DEI) initiatives in federal programs conflicts with Head Start's foundational mandate. This mandate requires programs to provide services that are "linguistically and culturally appropriate" and to offer early intervention services for children with disabilities.
Program Director's Account
Details of the directive came to light through a declaration from the executive director of a Wisconsin-based Head Start program, identified in court documents by the pseudonym Mary Roe. Her program has received federal funding for over 50 years. According to Roe's declaration, after submitting a funding renewal request to HHS on September 30, she received two emails from the department on November 19.
The first email indicated her grant application had been returned and instructed her to remove 19 specified words, including "Racism," "Race," and "Racial," from her application. A subsequent email from her assigned HHS program specialist provided the more extensive list of nearly 200 words and phrases, titled "Words to limit or avoid in government documents," with instructions for their absence from applications. Both emails, with the program specialist's name redacted, are part of the lawsuit. The extent to which other Head Start programs have received similar directives is not publicly confirmed.
Contradictions and Legal Concerns
Mary Roe stated in her declaration that the word directive presents a conflict because the federal Head Start Act itself contains many of the terms programs are now advised to avoid. She specifically highlighted a discrepancy: Head Start's mandate to "create inclusive and accessible classrooms for children with disabilities," despite being advised by HHS to omit words such as "disability," "disabilities," and "inclusion" from her funding application. Roe expressed concern that complying with the directive might contradict existing federal law.
In related court documents, a Head Start program located on a Native American reservation was reportedly instructed to remove sections from its application that were necessary for prioritizing services for tribal members and their descendants, a practice permitted by federal law. The word "tribal" is also included on the list of terms to limit or avoid.
Advocacy Group Responses
Disability-rights advocates have criticized the list of prohibited terms. They noted that many Head Start programs also receive federal funding through the Individuals with Disabilities Education Act (IDEA) specifically to identify and support young children with disabilities. Jacqueline Rodriguez of the National Center for Learning Disabilities stated that banning the word "disability" from Head Start constitutes a violation of federal law.
Broader Administrative Policy on DEI
The directive aligns with broader administrative policies regarding Diversity, Equity, and Inclusion (DEI) initiatives. An executive action in January from the White House stated that "illegal DEI and DEIA policies not only violate the text and spirit of our longstanding Federal civil-rights laws, they also undermine our national unity, as they deny, discredit, and undermine the traditional American values of hard work, excellence, and individual achievement in favor of an unlawful, corrosive, and pernicious identity-based spoils system."
Furthermore, in March, the Office of Head Start sent an email to all grant recipients, informing them that funding requests for activities promoting or participating in DEI initiatives would no longer be approved.