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National Education Association v. US Department of Education

From February 2025 to February 2026
U.S. Department of Education (Other)
Washington, DC

Identity of Speakers

  • National Education Association
    Unaffiliated
    Other

    A nationwide labor union representing public school teachers and other education professionals, advocating for educators’ rights and public education, Plaintiff

  • NEA-New Hampshire:
    Unaffiliated
    Other

    The state-level affiliate of the NEA, representing educators in New Hampshire and working to advance educational and professional interests locally, Plaintiff

  • Center for Black Educator Development
    Unaffiliated
    Other

    An organization focused on supporting Black educators, promoting equity in education, and addressing racial disparities in schools, Plaintiff

Resources

Additional Information

  • Incident Nature:
    Other
  • Incident Political Orientation:
    Not Clear
  • Incident Responses:
    Title IX or other federal statute
  • Incident Status:
    In litigation Federal District Court
    Other
  • Did not involve Speech Codes

Summary

On February 14, 2025, the U.S. Department of Education issued a “Dear Colleague” letter following Students for Fair Admissions v. Harvard, directing schools and colleges receiving federal funds to end diversity, equity, and inclusion (DEI) programs. The letter stated that any programs or initiatives that “treat individuals differently on the basis of race, sex, color, or national origin” could put schools at risk of losing federal funding. It applied broadly to institutions that received federal education dollars, including K–12 schools.

In response, the National Education Association (NEA), its New Hampshire affiliate, and the Center for Black Educator Development filed a lawsuit challenging the directive. They argued that the letter violated the First and Fifth Amendments by infringing on free speech, academic freedom, and equal protection rights, and that it circumvented required notice-and-comment rulemaking procedures. The complaint sought to block the Department of Education from enforcing the directive.

On April 24, 2025, U.S. District Judge Landya McCafferty granted a preliminary injunction against the Department of Education. The court found that the letter was unconstitutionally vague and could chill constitutionally protected speech and academic freedom. The injunction applied to the NEA and its members, temporarily barring enforcement of the DEI restrictions against the plaintiffs.

In February 2026, following continued litigation and public scrutiny, the Department of Education rescinded the challenged guidance and indicated it would not enforce the February 2025 directive. Civil rights advocates, including the American Civil Liberties Union and its New Hampshire affiliate, described the move as a significant step back from what they had characterized as an unlawful attempt to restrict educational equity efforts. The rescission effectively ended enforcement of the letter’s DEI-related restrictions, resolving the dispute in favor of the plaintiffs.