Federal Funding Should Support Communities, Not Political Agendas

Department of Education Backs Down on Unlawful Directive Targeting Educational Equity

CONCORD, N.H. – In a victory for academic freedom and education equity, the U.S. Department of Education conceded the end of its February 14, 2025, “Dear Colleague” directive that sought to restrict diversity, equity, and inclusion (DEI) efforts in schools and higher education institutions nationwide. Upon the U.S.’s concession that the directive and subsequent certification requirement are vacated – meaning they are formally nullified – the district court issued a final ruling today, permanently invalidating the directive and preventing the government from enforcing, relying on, or reviving it. As a result, the challenged guidance is no longer in effect and cannot be enforced against anyone, anywhere nationwide.
“This ruling affirms what educators and communities have long known: celebrating the full existence of every person and sharing the truth about our history is essential,” said Sharif El-Mekki, CEO at The Center for Black Educator Development. “Today’s decision protects educators’ livelihoods and their responsibility to teach honestly. At a time when many communities are facing severe teacher shortages, this signals that teachers can enter and stay in the profession, bringing their full selves to the classroom and fostering inclusive environments that prepare students for the future.
“Across the country, educators do everything in their power to support every student, so each feels safe, seen, and is prepared for the future. Donald Trump and Linda McMahon tried to use politically motivated attacks and vague directives to stifle speech and erase essential teaching and learning in our schools and universities. The courts rejected that attack on public education. While Trump and McMahon want to ban diversity, equity, and inclusion, educators know these values are at the core of our nation. Diversity is our uniqueness and our strength. Equity means every student gets what they need, when they need it, and in the way that serves them best. And inclusion means all students are seen, valued, respected, and have access to opportunities and support,” said Becky Pringle, president at the National Education Association. “The Trump administration’s unlawful Dear Colleague Letter and certification requirement have now been vacated and abandoned, underscoring how badly Trump and McMahon overreached in their attempt to interfere with curriculum and instruction. Educators, parents, and community leaders will continue to organize, mobilize, and take action to protect our students and their futures.”
In an earlier ruling in the case, District Court Judge Landya McCafferty previously found that the directive’s “isolated characterizations of unlawful DEI” conflicted with the term’s meaning, stating that DEI is generally understood as fostering “a group culture of equitable and inclusive treatment.” The court further held that plaintiffs were likely to succeed in showing that the directive was vague, viewpoint discriminatory, and unlawfully imposed new legal obligations for educators and schools.
“This ruling ensures that educators can engage in scholarship and teach history, literature, and other subjects where race, gender, and the values of diversity, equity, and inclusion appear, without fear of arbitrary or discriminatory enforcement, said Sarah Hinger, deputy director of the ACLU Racial Justice Program. “It affirms that educators must be free to teach and that students have a right to a full and honest education that reflects the diversity of their communities and prepares them to participate in our democracy.”
“We are deeply grateful to the courageous NEA-New Hampshire member educators who stood up for their students and their profession by participating in this lawsuit. Their actions and the rulings from courts on this issue reaffirm that every student deserves the opportunity to learn in a school where they are valued, seen, and supported for who they are, not erased by political agendas. And their leadership sends a clear message that educators, not politicians, belong at the center of decisions about teaching and learning. We will continue to fight alongside our members for schools that serve all students,” said NEA-New Hampshire President Megan Tuttle.
Gilles Bissonnette, legal director of the ACLU of New Hampshire, said, “Today is a victory for academic freedom, the free speech rights of educators, and for New Hampshire students who have a right to an inclusive education free from censorship. Every student, both in the Granite State and across the country, deserves to feel seen, heard, and connected in school – and that can’t happen when classroom censorship laws and policies are allowed to stand.”
The lawsuit was filed last year by the American Civil Liberties Union, the ACLU of New Hampshire and the ACLU of Massachusetts on behalf of the National Education Association (NEA), and the National Education Association–New Hampshire. The Center for Black Educator Development as well as several New Hampshire School Districts later joined the case as plaintiffs.