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

School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
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
Reading & Literacy Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree
Recruitment & Retention Webinar EdRecruiter 2026 Survey Results: How School Districts are Finding and Keeping Talent
Discover the latest K-12 hiring trends from EdWeek’s nationwide survey of job seekers and district HR professionals.

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 School's Confederate Name Violates Students' Free Speech, Judge Says
The district was the first to reverse course and bring back Confederate names for its schools. The litigation is ongoing.
3 min read
Stonewall Jackson High School in Shenandoah County.
The Shenandoah County, Va. school board voted in May 2024 to rename Mountain View High School as Stonewall Jackson High School and Honey Run Elementary as Ashby Lee Elementary four years after the names had been removed. Now, a judge has found the decision to rename the high school violated students' free speech rights.
<a href="https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/" target="_blank" link-data="{&quot;cms.site.owner&quot;:{&quot;_ref&quot;:&quot;00000173-0561-d1f0-a17f-adef4bee0000&quot;,&quot;_type&quot;:&quot;ae3387cc-b875-31b7-b82d-63fd8d758c20&quot;},&quot;cms.content.publishDate&quot;:1757538383770,&quot;cms.content.publishUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;cms.content.updateDate&quot;:1757538383770,&quot;cms.content.updateUser&quot;:{&quot;_ref&quot;:&quot;00000173-e988-d25a-a7ff-f9cb2a4c0000&quot;,&quot;_type&quot;:&quot;6aa69ae1-35be-30dc-87e9-410da9e1cdcc&quot;},&quot;link&quot;:{&quot;disableUtmTracking&quot;:false,&quot;target&quot;:&quot;NEW&quot;,&quot;attributes&quot;:[],&quot;url&quot;:&quot;https://virginiamercury.com/2025/09/10/federal-judge-says-restoring-stonewall-jackson-name-at-shenandoah-school-violates-students-rights/&quot;,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77343390000&quot;,&quot;_type&quot;:&quot;ff658216-e70f-39d0-b660-bdfe57a5599a&quot;},&quot;linkText&quot;:&quot;Courtesy of Nathaniel Cline/Virginia Mercury&quot;,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs.enhancementAlignment&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._template&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs.type&quot;:null,&quot;theme.brightspot-theme-default.:core:link:Link.hbs._preset&quot;:null,&quot;theme.brightspot-theme-default.:core:enhancement:Enhancement.hbs._preset&quot;:null,&quot;_id&quot;:&quot;00000199-3573-d4d3-a7db-f77342e50001&quot;,&quot;_type&quot;:&quot;809caec9-30e2-3666-8b71-b32ddbffc288&quot;}">Courtesy of Nathaniel Cline/Virginia Mercury</a>
Law & Courts Schools Sue Trump, But It's Getting Harder for Them to Recoup Money
Judges have recently ruled against districts as they challenge Ed. Dept. funding cuts and threats in court.
7 min read
Vector illustration of a man in a suit with flashlight looking into hole in the shape of a dollar sign.
DigitalVision Vectors
Law & Courts School Board Sues Trump Admin. to Defend Transgender Student Policy
The lawsuit challenges the Ed. Dept.'s finding that the district violated Title IX.
3 min read
A sign for a newly-constructed gender neutral bathroom is seen at Shawnee Mission East High School on June 16, 2023, in Prairie Village, Kan.
A sign for a newly-constructed gender neutral bathroom is seen at Shawnee Mission East High School on June 16, 2023, in Prairie Village, Kan. The Trump administration's finding that a northern Virginia school district violated Title IX by allowing students to use restrooms consistent with their gender identity is the subject of a new lawsuit.
Charlie Riedel/AP
Law & Courts Judge Blocks Texas Law Requiring Ten Commandments in Schools
A federal district judge ruled that the Texas law requiring Ten Commandments displays is schools likely violates the First Amendment.
4 min read
Jackson County High School in Kentucky posts the Ten Commandments in the front hall of the school, shown here in 2000, and in every classroom, on June 25, 2025. A group of North Texas reverends filed a federal lawsuit this week to challenge a new state law that would require posting the Ten Commandments in each public school classroom.
The Ten Commandments is seen on display at Jackson County High School in Kentucky in 2000. On Aug. 20, 2025, a federal judge blocked—in 11 school districts for now—a Texas state law requiring similar displays. Similar state laws in Arkansas and Louisiana have also been halted recently in at least part of each state.
<a href="https://www.gettyimages.com/search/2/image?artistexact=Lexington%20Herald-Leader">Lexington Herald-Leader</a>/Getty Images