Education dept's directive enforcement paused amid ongoing lawsuit until April 24, 2025

In an important development regarding the lawsuit against the U.S. Department of Education, an agreement has been reached which temporarily halts the enforcement of two directives from the department. The directives in question, a "Dear Colleague" letter dated February 14, 2025, and an associated certification requirement from April 3, 2025, will not be enforced until at least April 24, 2025.

This agreement was reached after plaintiffs filed an emergency motion to block the certification requirement. It ensures that no educational institution will face penalties for not returning the contested certification, which demanded that entities confirm diversity, equity, and inclusion efforts do not exist within their curriculums.

Under the terms of the agreement, state and local education agencies are not required to submit the certification at this time. The department has also agreed not to take any action on already submitted certifications before the April 24 deadline. This pause in enforcement is meant to provide temporary relief to educational institutions while the legal challenge is ongoing.

Furthermore, any certifications already submitted will not be effective before April 24 and cannot be used for enforcement actions or investigations under existing laws like the False Claims Act. The department has stated it will not begin any such enforcement actions or investigations based on the February 14 letter or any related actions until after the April 24 date.

The lawsuit against the U.S. Department of Education was filed on March 5 in New Hampshire's U.S. District Court. The plaintiffs include the National Education Association (NEA), the National Education Association–New Hampshire, the American Civil Liberties Union, and its local branches in New Hampshire and Massachusetts, as well as the Center for Black Educator Development.

The legal challenge argues that the department has exceeded its authority by setting unfounded legal restrictions, infringing upon due process and the First Amendment, and limiting academic freedom. They also claim the department is unlawfully dictating curriculum and educational programs beyond its legal mandate.

A copy of the agreement detailing these terms is available online.

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