National Education Association et al. v. US Department of Education et al

On Feb. 14, the U.S. Department of Education announced through a “Dear Colleague Letter” that it will treat diversity, equity and inclusion (DEI) efforts as unlawful and threatens to withhold federal funds from schools. ED’s policy creates an immediate chill for schools and educators from preschool through college. It imposes broad and vague restrictions on every facet of education that violate due process protections, infringe on First Amendment rights, and impermissibly dictate what educators can teach and what students are allowed to learn. Further, it constitutes an extreme reversal of ED’s civil rights protections and policies without acknowledgement or justification.

The ACLU, together with the ACLU of New Hampshire, the ACLU of Massachusetts, and lawyers for the National Education Association, filed suit on behalf of NEA’s approximately three million members working at every level of education in communities across the country. The suit also addresses the harms to the organizations, NEA, NEA-NH, and the Center for Black Educator Development, that provide support to educators and education institutions.

“Across the country educators do everything in their power to support every student — no matter where they live, how much their family earns, or the color of their skin — ensuring each feels safe, seen, and is prepared for the future. Now, the Trump administration is threatening to punish students, parents and educators in public schools for doing just that: fostering inclusive classrooms where diversity is valued, history is taught honestly, and every child can grow into their full brilliance,” said Becky Pringle, president of the National Education Association.

On March 21, we filed a motion asking the court to issue a preliminary injunction to block the administration’s illegal policy from being enforced while the case proceeds.

On April 24th, the Court issued a preliminary injunction enjoining the Department of Education from rom enforcing and/or implementing the Dear Colleague Letter issued on February 14, 2025, including through the February 28, 2025 “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act,” the End DEI Portal, and the April 3, 2025 certification requirement, against the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more plaintiffs or one or more of plaintiffs’ members.