Since our original report on the April 24th injunctions blocking the Department of Education’s Title VI anti-DEI directives, A federal appeals filing on Wednesday confirms that the Trump administration has dropped its appeal of the Maryland ruling in American Federation of Teachers v. Department of Education blocking its anti-DEI campaign.
The underlying case involved two directives issued in early 2025: a Dear Colleague Letter telling higher-education institutions that race could not be considered in admissions, hiring, scholarships, or “all other aspects” of campus life, and a follow-up demand that K-12 districts certify they did not engage in DEI—both backed by threats to rescind federal funds. Judge Gallagher struck down both documents, finding they chilled educators’ lawful speech and were issued without required rulemaking, creating a reasonable fear that teachers could be punished for even beneficial discussions of race or equity.
Judge Gallagher held that the Department’s Dear Colleague Letter and related measures violated the APA, First Amendment, and federal procedural requirements, noting that while the court took “no view” on whether the policies were “good or bad,” the government “did not” implement them “in the manner the law requires.” With the appeal now withdrawn, the ruling stands, reinforcing that the federal government cannot impose anti-DEI mandates through informal guidance and must follow established administrative procedures before attempting to restrict schools’ or educators’ speech.
For Illinois districts, the takeaway remains unchanged: schools cannot be compelled to sign the federal “Certification,” and the Department may not threaten or suspend funding based on the now invalidated anti-DEI guidance. Combined with the April 24 injunctions, the dropped appeal leaves the Department unable to enforce any of the four challenged Title VI actions unless it completes lawful rulemaking or succeeds in future litigation.
While the Department of Education’s 2025 DEI initiatives, backed by the threat of loss of federal funding, remain enjoined by the Courts, the Administration’s underlying position regarding its interpretation of Title VI remains and may manifest itself in other ways. Thus, for example, the Department of Education recently announced that it is referring Minnesota to the Department of Justice for enforcement of its position that allowing transgender students to participate in girls’ sports violates the law. The Department is seeking to cut off federal funding to the state. Accordingly, Illinois school districts are well advised to continue monitoring this issue.
Contact any of our labor/personnel practice group attorneys with your inquiries.
Source: American Federation of Teachers v. U.S. Dep’t of Educ., No. 24 2035 (4th Cir. Jan. 15, 2026)
