ACLU, national teachers union sues U.S. Department of Education

S E E D E D   C O N T E N T

The American Civil Liberties Union and a teachers union hit the U.S. Department of Education with a lawsuit on March 5 after the agency directed leaders of federally funded schools to eliminate diversity, equity and inclusion, or DEI, programming.

The ACLU and its New Hampshire and Massachusetts chapters, as well as the National Education Association and its New Hampshire chapter, filed the complaint in New Hampshire federal court.

The lawsuit contends the department is wrong to find various DEI practices unlawful and it "has no authority to dictate curriculum or educational programs."

The groups argue, in part, that the Education Department violated educators' and students' First Amendment rights with the anti-DEI directive.

A spokesperson for the department declined to comment Wednesday on the pending litigation.

The department's Office for Civil Rights said in a "frequently asked questions" document posted on its website over the weekend that not all DEI initiatives violate federal civil rights law and the Constitution's 14th Amendment. The department is not discouraging cultural and historical observances - including Black History Month and International Holocaust Remembrance Day, it said.

What did the Education Department tell schools?

In their lawsuit, the groups referenced a Valentine's Day letter by Craig Trainor, an acting assistant secretary for civil rights at the Education Department.

In the letter, Trainor directed school leaders, to cease diversity, equity and inclusion programming in "admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life."

"Discrimination on the basis of race, color, or national origin is illegal and morally reprehensible," Trainor wrote. "Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon 'systemic and structural racism' and advanced discriminatory policies and practices."

Trainor told schools to comply and expunge any DEI programs that violated the Education Department's interpretation of civil rights law within 14 days or "appropriate measures" would be taken.

In the weeks since, universities have shuttered DEI offices, scrubbed websites and ceased supporting some marginalized student groups. K-12 school districts from Kentucky to Montana have opened compliance audits into their practices.

The letter also included an online link to the Trump administration's reporting tool for Americans to complain about any actual or suspected DEI programs at federally funded schools.

The two-week window ended on Feb. 28.

What else does the lawsuit say?

The NEA and its New Hampshire chapter argued that teachers nationwide had already incorporated "issues of race, diversity, equity, and inclusion in the content and approach to their teaching, in their broader educational practices, and in training and support for educators, all in accordance with sound pedagogical practice," according to court documents.

They said barring DEI curricula from schools would disrupt classroom plans, stifle free speech and erase "critical" lessons.

"Teaching should be guided by what's best for students, not by threat of illegal restrictions and punishment," said Becky Pringle, the group's president, in a news release about the lawsuit.

Contributing: Zach Schermele, USA TODAY

Contact Kayla Jimenez at kjimenez@usatoday.com. Follow her on X at @kaylajjimenez.