On February 14, 2025, the Department of Education issued a “Dear Colleague Letter” directed to schools that receive federal financial assistance. The letter asserted various points related to schools within the U.S. that have embraced racial discrimination and engaged in discrimination by “toxically indoctrinat[ing] students” and that it is discriminatory for schools to “[rely] on non-racial information as a proxy for race.” The Letter went on to instruct schools to “ensure that their policies and actions comply with existing civil rights law” and to cease efforts to stop trying to bypass restrictions on using race by using indirect methods or third-party contractors. The Letter encouraged anyone who thinks a school is not following these rules to submit an online complaint.
On March 5, 2025, the National Education Association and the National Education Association of New Hampshire filed a lawsuit against the U.S. Department of Education, Linda M. McMahon, and Craig Trainor.1 In addition, the American Civil Liberties Union filed another lawsuit. Both lawsuits argued that the guidance received by the Department of Education was unconstitutionally vague and violated teachers’ rights. On April 24, 2025, the Associated Press published an article related to the injunction stating some key points:2
- Schools were advised that continuing diversity, equity, and inclusion (DEI) practices could lead to litigation and termination of federal grants.
- U.S. District Court Judge Landya McCafferty in New Hampshire criticized the lack of clarity in defining what constitutes a DEI program and suggested the directives might violate free speech rights.
- The Education Department’s February 14, 2025 Letter expanded the interpretation of a U.S. Supreme Court decision to bar race-based practices in all aspects of education.
- Democratic-led states have opposed the directives, arguing they overstep federal authority and that DEI practices are not illegal.
Originally states were given 10 days to submit the certification but the Department then extended the deadline until April 24, 2025 to submit a certification of their school’s compliance with these DEI programs. In addition, on April 24, 2025, the New Hampshire federal judge temporarily blocked the Trump administration’s directives that would cut federal financial assistance for public schools with DEI programs.3
In the April 24 order:4
- The court found the February 14, 2025 Letter “unconstitutionally vague,” as it did not clearly define what constitutes a DEI program or how such programs violate Title VI.
- The court determined that the Letter discriminates based on viewpoint, targeting speech that acknowledges structural racism while allowing speech that denies it. This constitutes a violation of the First Amendment rights of educators, particularly those in higher education.
- The court found that the “plaintiffs are likely to succeed in arguing the 2025 Letter exceeds the Department’s statutory authority” by attempting to control school curricula, which is prohibited by federal law.
- The court found that the letter was issued without following the required notice-and-comment procedures under the Administrative Procedure Act (APA).
The temporary injunction prevents the Department of Education from enforcing the February 14 Letter and its associated measures against the plaintiffs, their members, and entities that employ or contract with them.
Forvis Mazars will continue to monitor these lawsuits and the effects they could have on various entities. For more information, reach out to a professional at Forvis Mazars.
- 1 “Complaint in ACLU, NEA et. al v. U.S. Department of Education,” aclu.org, March 5, 2025.
- 2 “Judge blocks Trump push to cut funding to public schools over diversity programs,” apnews.com, April 24, 2025.
- 3 “Federal judge temporarily blocks Trump’s push to end DEI in K-12 public schools,” wlbt.com, April 24, 2025.
- 4 “Order, National Education Association, et al. v. United States Department of Education et al.,” courthousenews.com, April 24, 2025.