Friday, April 24th saw a flurry of decisions from federal trial courts (specifically, Maryland, New Hampshire and the District of Columbia) enjoining all or part of the recent Department of Education’s actions regarding Title VI and “Diversity, Equity and Inclusion.” While each decision involves differing plaintiffs and somewhat differing claims, the upshot for Illinois school districts is simple, the U.S. Department of Education is enjoined from attempting to enforce its recent Title VI edicts against them or suspending their federal funding.
On that same day, nineteen states, including Illinois, filed suit in federal district court seeking to enjoin the Department of Education’s actions regarding Title VI.
The nationwide litigation challenges four separate, but interrelated, actions by the Department each involving the Department’s interpretation of Title VI.
- The first is the February 14, 2025, “Dear Colleague Letter” stating the administration’s view that Title VI prohibits various school actions related to diversity, equity and inclusion. The DCL invites anyone who believes that a school is violating the DCL to submit a complaint to the Department.
- Subsequently, on February 25th, the Department issued a press release establishing an on-line portal for complaints with the web address of “EndDEI.Ed.Gov. The press release quoted a co-founder of the private group “Moms for Liberty.” The portal itself stated that it exists to report the teaching of “divisive ideologies and indoctrination.”
- Soon thereafter, on February 28th, the Department issued an FAQ regarding the February 14th DCL which reiterated the Department’s position that many schools “have advanced discriminatory policies and practices under the banner of ‘DEI’ initiatives.”
- Finally, on April 3rd, the Department issued a press release stating that the Department directed each state’s Department of Education to “certify their compliance” with their anti-discrimination obligations under Title VI as interpreted by the Department in order to continue receiving federal financial assistance. In addition, state education departments were required to collect certifications of compliance from local school districts (“Certification”). The original due date was April 13 and later extended to April 24.
As noted above, the three court decisions of April 24th enjoining the Department’s actions (in whole or in part) involved differing parties, differing claims and slightly different results. We very briefly summarize each below:
- National Education Association et al v. United States Department of Education (Dist. NH. April 24, 2025). The plaintiffs were the NEA, the New Hampshire NEA, and the Center for Black Educator Development. The claims involved alleged violations of the First and Fifth Amendments to the U.S. Constitution (free speech and due process, respectively) as well as multiple alleged violations of the federal Administrative Procedures Act. Notable quote: “The Letter makes clear the Department’s understanding that DEI programs–at least in some circumstances–violate Title VI as well as the Department’s intent to ‘vigorously enforce’ its understanding. The Letter does not make clear, however, what the Department believes constitutes a DEI program, or the circumstances in which the Department believes DEI programs run afoul of Title VI. The Letter does not even define what a ‘DEI’ program is.” The trial court’s Order enjoined “the defendants from enforcing the 2025 Letter and its implementing measures against one category of non-parties to the case: entities receiving federal funding that employ or contract with the plaintiffs [NEA] or plaintiffs’ members.”
- NAACP v. U.S. Department of Education, (Dist. D.C. April 24, 2025). The NAACP was the sole plaintiff in this matter, in which the Court issued a brief two-page order containing a nationwide injunction. The court preliminarily enjoined the Department from “implementing and enforcing the Certification. The Enjoined Defendants shall not require any entity or individual subject to the Certification to make any certification or any representation or assurance pursuant to the Certification.” The Department is permitted, however, to initiate Title VI actions that they may otherwise lawfully pursue under Title VI.
- American Federation of Teachers v. Department of Education et al., (Dist. MD. April 24, 2025). In addition to the AFT, the plaintiffs in this case include the AFT of Maryland, the American Sociological Association, and, interestingly, Eugene School District 4J, Eugene, Oregon. The plaintiffs asserted multiple alleged violations of the federal Administrative Procedure Act including adopting allegedly unconstitutional rules and failing to follow notice and comment requirements of the federal Administrative Procedure Act (“APA”). Notable quote: “This Court takes no view as to whether the policies at issue here are good or bad, prudent or foolish, fair or unfair. But this Court is constitutionally required to scrutinize whether the government went about creating and implementing them in the manner the law requires. The government did not.” The Court stayed nationwide the implementation of the Dear Colleague Letter by the Department and found that no further injunctive relief was necessary in light of the stay.
As many of you have come to know though your own litigation, a preliminary injunction is only the first step. We can expect trials and appeals to follow. And, of course, we are monitoring the Illinois challenge to the Department’s above Title VI actions. For the moment, however, Illinois school districts cannot be compelled to sign the Certification, nor can the Department of Education take any adverse action–including cutting off federal funds–for any Illinois school district failing to sign the Certifications.
Of course, anything is possible, and each school district may face differing legal issues in this complex and rapidly developing area of the law. Hodges Loizzi stands ready to support our clients. Please contact Heather Brickman, Jennifer Mueller Rosenberg or Michelle Todd with your inquiries.
