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Three educator groups are suing to block the U.S. Department of Education from enforcing new civil rights guidance that targets a wide range of practices related to diversity, equity, and inclusion.
The guidance came in the form of a Dear Colleague letter to school leaders on Feb. 14. The letter cited the 2023 U.S. Supreme Court decision in Students for Fair Admissions v. Harvard, which banned race-conscious admissions policies in higher education, and warned schools against giving any consideration to race in hiring, training, discipline, student supports, graduation ceremonies, and other aspects of academic life.
The letter, from acting Assistant Secretary for the Office for Civil Rights Craig Trainor, gave schools ranging from preschools to universities until the end of the month to end all practices related to DEI or risk losing federal funding.
The lawsuit filed Tuesday in U.S. District Court by the American Federation of Teachers and the union’s Maryland affiliate, as well as by the American Sociological Association, asked a federal judge to block enforcement of the letter on the grounds that it misstates the law, doesn’t explain the legal basis for arriving at its interpretation of the law, and is so vague that it could ban nearly any activity in schools, including discussing other civil rights guidance that mentions race.
“This Letter radically upends and re-writes otherwise well established jurisprudence,” the lawsuit states. “No federal law prevents teaching about race and race-related topics, and the Supreme Court has not banned efforts to advance diversity, equity, and inclusion in education. The Department of Education is attempting to establish a new legal regime when it has neither the lawmaking power of Congress nor the interpretative power of the courts.”
The lawsuit alleges the letter is written so broadly that it’s impossible for schools to know what they need to do to comply. The letter says schools may not use proxies for race to achieve diversity, raising questions about programs for low-income students, who are disproportionately students of color. It also warns schools against teaching about structural racism or taking race into consideration in any form.
Among the activities the letter appears to ban: “a school hosting a panel discussion by alumni on the challenges Black students might have navigating the university; a training for teachers on combatting anti-semitism; or a workshop on why use of racial slurs are harmful,” the lawsuit states.
The plaintiffs are represented by Democracy Forward Foundation, which is involved in a number of other cases against the Trump administration.
The lawsuit names Trainor, acting Education Secretary Denise Carter, and the U.S. Department of Education.
The Education Department declined to comment on the lawsuit. The department typically does not comment on pending litigation.
The lawsuit alleges that the Dear Colleague letter infringes on the free speech and free association rights of students and teachers and violates existing civil rights law. The lawsuit also alleges that the Education Department violated the Administrative Procedures Act by failing to go through the steps required when a federal agency makes a big change to how it interprets the law.
“This vague and clearly unconstitutional memo is a grave attack on students, our profession and knowledge itself,” AFT President Randi Weingarten said in a statement. “Federal statute already prohibits any president from telling schools and colleges what to teach. And students have the right to learn without the threat of culture wars waged by extremist politicians hanging over their heads.”
Some conservatives cheered the Dear Colleague letter as taking a stand against practices they believe undermine unity and common purpose in schools or teach overly negative perspectives on American history. But the letter also sparked fear and confusion in some blue states. New York City postponed a hearing on school segregation so as not to draw unwelcome attention. Colorado State University plans to remove references to DEI from its website and reassign some employees, but promised protesting students that campus cultural centers are safe.
Some officials in Democratic-led states have pushed back.
Illinois State Superintendent Tony Sanders told school districts they should keep teaching Black, Asian American, and LGBTQ history as required by state law. Chicago went ahead with the rollout of a much anticipated plan to promote Black student success in school, but kept the launch event closed to the public. A conservative parent group almost immediately filed a complaint about the plan.
“Federal laws regarding public education remain unchanged, as executive orders and memos cannot modify or override statutory requirements or regulations or unilaterally impose new terms on existing agreements,” the California Department of Education and the California State Board of Education said in a joint statement.
Erica Meltzer is Chalkbeat’s national editor based in Colorado. Contact Erica at emeltzer@chalkbeat.org.
