National Education Association et al. v. US Department of Education et al
What's at Stake
The National Education Association, the National Education Association-New Hampshire, and the Center for Black Educator Development filed a challenge in federal court against the U.S. Department of Education’s Feb. 14, 2025 “Dear Colleague Letter,” which announced that ED will treat diversity, equity and inclusion (DEI) efforts as unlawful and threatens to move swiftly to cut schools’ federal funding. ED’s actions violate due process and the First Amendment, as well as basic requirements for agency action.
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Summary
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.