ACLU and NEA Sue U.S. Education Department Over DEI Directive

In a significant legal challenge to federal education policy, the American Civil Liberties Union (ACLU) and the National Education Association (NEA) have filed a lawsuit against the U.S. Department of Education (ED). The suit contests a directive issued by the ED that threatens to withdraw federal funding from educational institutions implementing diversity, equity, and inclusion (DEI) initiatives.

On February 14, 2025, the ED released a "Dear Colleague Letter" instructing federally funded educational institutions to cease using race-based preferences and stereotypes in areas such as admissions, hiring, promotions, and scholarships. The letter warned that non-compliance could lead to investigations and potential loss of federal funding, with assessments beginning 14 days from its issuance.

In response, on March 5, 2025, the ACLU, along with its New Hampshire and Massachusetts affiliates, and the NEA, including its New Hampshire chapter, filed a lawsuit in the U.S. District Court for New Hampshire. The plaintiffs argue that the ED exceeded its legal authority by imposing vague restrictions that violate due process and the First Amendment, limit academic freedom, and unlawfully dictate educational content.

Becky Pringle, president of the NEA, stated, "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."

The lawsuit contends that the ED's directive infringes on educators' and students' rights to free speech and expression and oversteps the federal government's role by interfering with curriculum decisions. It emphasizes that federal law explicitly protects educational institutions' ability to shape their own curriculum, including programs that reflect and celebrate diversity.

On April 24, 2025, federal judges in Maryland, New Hampshire, and Washington, D.C., issued rulings that blocked the Trump administration from cutting federal funding to schools supporting DEI efforts. The judges found the ED's policy unconstitutionally vague and infringing on First Amendment rights. For instance, Judge Landya McCafferty in New Hampshire noted the memo's failure to define DEI and its targeting of academic speech. Similarly, Judge Stephanie Gallagher in Maryland ruled that the ED lacked the authority under the 1979 Education Organization Act to enforce such policies without proper rulemaking.

Anthony D. Romero, ACLU Executive Director, remarked, "For over a century, the ACLU has fought unlawful efforts to muzzle free speech by over-zealous government officials. It’s clear that the Trump administration is trying to shut down speech it doesn’t like—especially when it deals with race in our educational institutions. The Dear Colleague Letter is a brazen attempt to intimidate schools into abandoning lawful efforts to create inclusive learning environments."

The ED's directive references the Supreme Court's 2023 decision in Students for Fair Admissions v. Harvard, which struck down affirmative action in college admissions. However, critics argue that the ED misinterpreted this ruling to broadly prohibit DEI initiatives beyond admissions policies. Legal experts contend that the directive lacks clear definitions and oversteps the ED's authority, potentially leading to arbitrary enforcement and self-censorship among educators.

This legal action underscores the tension between federal directives and educational institutions' autonomy in implementing DEI programs, highlighting concerns about potential impacts on academic freedom and the inclusivity of educational environments.

The outcome of this lawsuit could have significant implications for the future of DEI initiatives in educational institutions across the country, as well as for the broader debate over the role of federal authority in shaping educational content and policies.