The National Education Association (NEA), National Education Association–New Hampshire, the American Civil Liberties Union, the ACLU of New Hampshire, and the ACLU of Massachusetts filed a lawsuit in U.S. District Court in New Hampshire, against the U.S. Department of Education.
According to the press release, the lawsuit challenges the Department of Education’s Feb. 14, 2025, Dear Colleague Letter, which threatens federal funding cuts for education institutions nationwide for engaging in diversity, equity, and inclusion (DEI) efforts; and a 14-day window before “appropriate measures” would be taken.
The lawsuit argues that the U.S. Department of Education "overstepped its legal authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limiting academic freedom; and Impermissibly dictating what educators can teach and what students are allowed to learn."
In a statement, Becky Pringle, NAE president said the Trump administration is "threatening to punish students, parents, and educators in public schools for fostering inclusive classrooms where diversity is valued, history is taught honestly, and every child can grow into their full brilliance.”
“We’re urging the court to block the Department of Education from enforcing this harmful and vague directive and protect students from politically motivated attacks that stifle speech and erase critical lessons," Pringle said in her statement.
The lawsuit contends that the education department has no authority to dictate curriculum or educational programs and that federal law explicitly protects education institutions’ ability to shape their curriculum, including programs that reflect and celebrate diversity.
Anthony D. Romero, ACLU executive director, said the organization "will not stand by as the Department of Education uses fear and coercion to force schools and educators into self-censorship by threatening to strip federal funding.”
According to the lawsuit, the letter from the education department "oversteps its authority and ignores decades of legal precedent and its prior guidance on civil rights law, failing to explain why it is now reversing course on long-standing principles of equity and inclusion.
Gilles Bissonnette, legal director of the ACLU of New Hampshire, said teachers are already "reporting being afraid to teach for fear of having their teaching deemed unlawful, and that deprives Granite State students of the complete education that they deserve.”
The National Education Association is the nation’s largest professional employee organization, representing more than 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators, students preparing to become teachers, healthcare workers, and public employees.
The ACLU has been at the center of major civil liberties battle for more than 100 years.
NAE and ACLU Sue U.S. Department of Education Over Unlawful Attack on Educational Equity