Law & Courts

Nation’s Largest Teachers’ Union Sues Education Department Over DEI Threats

By Brooke Schultz — March 05, 2025 | Updated: March 05, 2025 4 min read
Education Secretary Linda McMahon, left, greets Sen. Katie Britt, R-Ala., before President Donald Trump addresses a joint session of Congress at the Capitol in Washington, Tuesday, March 4, 2025.
  • Save to favorites
  • Print

Updated: This story has been updated to add a response from the U.S. Department of Education.

The nation’s largest teachers’ union is asking a federal court to halt the U.S. Department of Education’s enforcement of a directive that threatens to pull federal funding from schools that have race-based programming, arguing that it violates constitutional rights and laws that prohibit the federal government from interfering with curricula.

The lawsuit, which the NEA filed along with its New Hampshire affiliate and the American Civil Liberties Union on Wednesday in federal court in New Hampshire, is the second to challenge the department’s Feb. 14 directive that came in the form of a “dear colleague” letter to school and college leaders.

The American Federation of Teachers and the American Sociological Association sued the department over the letter on Feb. 25, similarly arguing that the memo infringes upon the Constitution’s First and Fifth amendments.

See Also

budget school funding
iStock/Getty
Federal Trump Admin. Warns Schools: End Race-Based Programs or Risk Losing Funds
Brooke Schultz, February 18, 2025
6 min read

“The letter is really intended to chill educators in this broad way, and it’s just not acceptable,” said Sarah Hinger, deputy director of the ACLU’s racial justice program.

In addition to challenging the dear colleague letter and a follow-up “frequently asked questions” document to clarify it, the lawsuit asks a judge to find that the Education Department’s recently launched “End DEI” portal to be unlawful. The portal asks member of the public to submit reports of DEI in schools, similar to tip lines that states have set up to solicit reports of critical race theory being taught.

The lawsuit names the Education Department, Secretary of Education Linda McMahon, and Acting Assistant Secretary for Civil Rights Craig Trainor as defendants. A spokesperson for the federal agency said that the department does not comment on pending litigation.

The Education Department’s dear colleague letter, sent by Trainor, directed federally funded K-12 schools and universities to end any DEI programming or risk losing federal dollars, relying on the U.S. Supreme Court’s 2023 decision that struck down affirmative action in college admissions. The department argued that the court’s ruling “applies more broadly,” beyond only college admissions.

It also came on the heels of executive orders from President Donald Trump that also seek to curb DEI.

The letter has caused confusion. Legal experts are arguing that it can’t undo existing civil rights laws, but they worry educators may comply anyway to avoid investigations from the department. The follow-up, nine-page, FAQ document seeking to further explain its limitations did not dispel concerns over its alleged constitutional infringements, according to the lawsuit from the teachers’ union and the ACLU.

Instead, the letter, along with the FAQs and the “End DEI” portal, “radically resets … longstanding positions on civil rights laws that guarantee equality and inclusion,” and presumes districts are acting unlawfully, the complaint says.

See Also

The U.S. Department of Education in Washington, D.C., is pictured on Dec. 1, 2020.
The U.S. Department of Education in Washington, pictured on Dec. 1, 2020. The Trump administration has launched a portal for the public to report schools engaged in DEI activities.
Graeme Sloan/Sipa USA via AP

The teachers’ union argues that the original memo, which doesn’t define DEI or spell out what runs afoul of the guidance it lays out for schools, is too vague for educators to interpret—causing an English teacher to question how he teaches classics, a social studies teacher to fear assigning research projects on or discussing racist history from the Civil War to the modern era, and a school counselor to rethink how she discusses stereotypes and identity with students.

It also may cause a professional quandary for some educators who have to choose between following the memo as they interpret it or following conflicting professional requirements and using best practices, according to the complaint.

“Our members are scared and are seeing that schools and colleges are reacting to the threats by the Department of Education to withhold federal funding by pulling down efforts to advance diversity, equity, and inclusion; by shuttering offices that did that work; by canceling opportunities for higher education professors to share their scholarship with their colleagues,” said Alice O’Brien, general counsel for NEA. “We believe it’s incredibly important for schools and colleges and universities to be able to teach students about the world as it is. And the world as it is is a multiracial, very diverse place.”

The department’s new “End DEI” portal oversteps the agency’s authority and violates constitutional rights, the complaint argues. Meanwhile, there’s a conflict in the department’s priorities, according to the complaint: The department has stalled many of its civil rights investigations, but is “solicit[ing] complaints focused on the communication of ideas ED disfavors and tendentiously describes as ‘divisive ideologies and indoctrination.’”

And though the FAQ acknowledges that the federal government has no say in curriculum, the lawsuit argues it “does nothing to upset the text of the Letter itself, which indicate[s] that ED is concerned with ‘indoctrination’ and ‘teaching,’” according to the complaint.

“That’s a pretty bold—and, we think, unconstitutional and illegal—overreach by the department,” Hinger said.

The lawsuit comes just days after McMahon was formally confirmed by the U.S. Senate and sworn in, after facing questions over how some of Trump’s executive actions on DEI would affect schools and instruction during her confirmation hearing. Following her swift swearing in, McMahon said in a speech that education “ought not to be corrupted by political ideologies, special interests, and unjust discrimination.”

“The Department of Education’s role in this new era of accountability is to restore the rightful role of state oversight in education and to end the overreach from Washington,” she said.

Events

Artificial Intelligence Live Online Discussion A Seat at the Table: AI Could Be Your Thought Partner
How can educators prepare young people for an AI-powered workplace? Join our discussion on using AI as a cognitive companion.
Student Well-Being & Movement K-12 Essentials Forum How Schools Are Teaching Students Life Skills
Join this free virtual event to explore creative ways schools have found to seamlessly integrate teaching life skills into the school day.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP
Law & Courts Educators Sue Over ICE Activity on School Grounds and Nearby
The challenge targets the Trump administration's revocation of a policy that limited immigration enforcement at schools.
5 min read
A sign reading "Protect Neighbors" is posted near a bus stop as a school bus passes on Friday, Jan. 30, 2026, in Minneapolis.
A sign reading "Protect Neighbors" is posted near a bus stop in Minneapolis on Jan. 30, 2026. A lawsuit from two Minnesota school districts and the state's teachers' union says immigration agents have detained people and staged enforcement actions at or near schools, school bus stops, and daycare centers.
Kerem Yücel /Minnesota Public Radio via AP
Law & Courts TikTok Settles as Social Media Giants Face Landmark Trial Over Youth Addiction Claims
Trial centers on criticisms that the platforms deliberately addict and harm children.
5 min read
Social Media Kids Ohio 24005836447288
ASSOCIATED PRESS
Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP