An article from NEA, ACLU challenge Education Department’s DEI letter

Despite the department’s attempt to clarify the original directive, education and civil rights organizations are pushing forward with their lawsuits.

Published March 5, 2025 Naaz Modan Senior Reporter

• post
• share
• post
• print
• email
• license

A National Education Association and American Civil Liberties Union lawsuit says the Trump administration’s Dear Colleague letter meant to curb diversity, equity and inclusion efforts in schools are exposing educators to “professional and legal penalties.” Justin Sullivan/Getty Images via Getty Images

First published on

Listen to the article 3 min This audio is auto-generated. Please let us know if you have feedback.

The nation's largest educator union is challenging in court the U.S. Department of Education’s directive to cease diversity, equity and inclusion in colleges and K-12 schools, saying the Trump administration muddled policymaking procedure and violated educators' free speech rights in the process.

The lawsuit is in response to a strict Feb. 14 Dear Colleague letter that educators and education policy experts worried would severely curb student resources, curriculum and other programs related to race in colleges and K-12 schools. The letter set a Feb. 28 deadline for schools to comply — or risk losing federal funding.

waitToLoadAds.push(function() { googletag.cmd.push(function() { if (window.dfp_visibility == 'mobile' ) { googletag.display('dfp-hybrid1-mobile'); googletag.pubads().addEventListener('slotRenderEnded', function (event) { var adUnitPath = '/21662595662/highereddive/highereddivehybrid1'; var onProformative = false; if (onProformative && event.slot.getAdUnitPath() === adUnitPath && !event.isEmpty ) { var adUnitPathWithVisibility = adUnitPath + '-mobile'; var selector = '.pf-comments__ad-wrapper [data-container-ad-unit-id="' + adUnitPathWithVisibility + '"]'; if (!$(selector).closest('.pf-comments__ad-wrapper').hasClass('borders')) { $(selector).closest('.pf-comments__ad-wrapper').addClass('borders') } } }); } }); }); waitToLoadAds.push(function() { googletag.cmd.push(function() { if (window.dfp_visibility == 'desktop' ) { googletag.display('dfp-hybrid2-desktop'); googletag.pubads().addEventListener('slotRenderEnded', function (event) { var adUnitPath = '/21662595662/highereddive/highereddivehybrid2'; var onProformative = false; if (onProformative && event.slot.getAdUnitPath() === adUnitPath && !event.isEmpty ) { var adUnitPathWithVisibility = adUnitPath + '-desktop'; var selector = '.pf-comments__ad-wrapper [data-container-ad-unit-id="' + adUnitPathWithVisibility + '"]'; if (!$(selector).closest('.pf-comments__ad-wrapper').hasClass('borders')) { $(selector).closest('.pf-comments__ad-wrapper').addClass('borders') } } }); } }); });

While the department has since clarified its stance through a less aggressive Q&A document, the National Education Association and the American Civil Liberties Union pushed forward with a lawsuit, which they filed Wednesday in U.S. District Court for the District of New Hampshire. 

“The Dear Colleague Letter is a brazen attempt to intimidate schools into abandoning lawful efforts to create inclusive learning environments,” said Anthony Romero, ACLU executive director, in a Wednesday statement. “This is a blatant attack on free speech and academic freedom, aiming to deprive students of a full and honest education.” 

Becky Pringle, president of the NEA, said in a joint statement that the department’s directive is “harmful and vague.”

The lawsuit says the directive exposes educators “to professional and legal penalties by declaring that their protected expression violates federal law” and risks cuts to federal school funding that would be “devastating to almost any educational institution.”

As a result, it’s possible that schools will move to cut back on any expression that could be deemed a “DEI program,” per the suit.

Indeed, "soft censorship" — or educators and librarians self-censoring topics out of fear — is increasing, according to a report released last week by PEN America, a free speech organization. 

And the Department of Education's Office for Civil Rights under the current administration has said that it will factor into its investigations a school’s intent in setting current policies along with its history of DEI. 

The NEA lawsuit follows a similar one filed by the American Federation of Teachers, the nation's second-largest teachers union. 

That organization is also pushing forward with its lawsuit despite the Education Department’s recent Q&A document, which AFT said only made the Dear Colleague letter "murkier."

• 
• 
• 
• 
• 
• purchase licensing rights

Filed Under: Policy & Legal Higher Ed Dive news delivered to your inbox

Get the free daily newsletter read by industry experts

Email:

• Select user consent: By signing up to receive our newsletter, you agree to our Terms of Use and Privacy Policy. You can unsubscribe at anytime.

Sign up A valid email address is required. Please select at least one newsletter. Editors' picks

• traveler1116 via Getty Images Ohio Senate passes bill to ban DEI and faculty strikes at public colleges

  The legislation would also establish post-tenure reviews and require all instructors to share their contact information and syllabi publicly.

  By Laura Spitalniak • Feb. 13, 2025
• DenisTangneyJr via Getty Images A surge of DEI cuts hits colleges across the US

  Some colleges, like Ohio State University, are reversing their stances on diversity efforts as federal and state policymakers ratchet up the pressure.

  By Laura Spitalniak • Feb. 27, 2025