Federal court blocks Education Department directive on diversity programs

A federal judge has granted a preliminary injunction preventing the enforcement of a directive from the U.S. Department of Education. The February 14, 2025 directive, outlined in the "Dear Colleague" letter, aimed to limit discussions and programs focused on diversity, equity, and inclusion within educational institutions. This move also threatened to withhold federal funding for such initiatives.

The "Dear Colleague" letter was said to contradict established legal protections for academic freedom and infringe upon the constitutional rights of students and educators by imposing vague restrictions on curricula. The injunction allows schools to continue their educational mission without fearing federal reprisal while litigation is ongoing.

Expressing relief, Becky Pringle, President of the National Education Association, stated, “Across the country educators do everything in their power to support every student, ensuring each feels safe, seen, and is prepared for the future. Today’s ruling allows educators and schools to continue to be guided by what’s best for students, not by the threat of illegal restrictions and punishment. The fact is that Donald Trump, Elon Musk, and Linda McMahon are using politically motivated attacks and harmful and vague directives to stifle speech and erase critical lessons to attack public education, as they work to dismantle public schools. This is why educators, parents, and community leaders are organizing, mobilizing, and using every tool available to protect our students and their futures.”

Sharif El-Mekki, CEO & founder of the Center for Black Educator Development, remarked on the tentative step embodied by the ruling, noting, “While this interim agreement does not confirm the Department's motives, we believe it should mark the beginning of a permanent withdrawal from the assault on teaching and learning. The Department’s attempt to punish schools for acknowledging diversity, equity and inclusion is not only unconstitutional, but it’s also extremely dangerous -- and functions as a direct misalignment with what we know to be just and future forward. Today’s decision is a critical step toward protecting the freedom to teach, and the freedom to learn.”

Additionally, Sarah Hinger of the ACLU Racial Justice Program commented, “Today’s ruling is a victory for students, educators, and the fundamental principles of academic freedom. Every student deserves an education that reflects the full diversity of our society, free from political interference.”

The legal action, initiated on March 5 in New Hampshire's U.S. District Court, was jointly filed by the National Education Association, the American Civil Liberties Union, the ACLU of New Hampshire, and the ACLU of Massachusetts. The lawsuit accuses the Department of Education of exceeding its authority, imposing vague restrictions, and violating the First Amendment, among other claims.

ACLU of New Hampshire's legal director Gilles Bissonnette stated the ruling underscores a victory for academic freedom and the free speech rights of educators, emphasizing the necessity for students in New Hampshire and nationwide to experience an inclusive education unhindered by censorship laws.

The case now advances as the court deliberates a permanent injunction against the Department's directive.