• The American Federation of Teachers is challenging the U.S. Department of Education’s recent directive. The agency sent a letter threatening schools with funding cuts if they do not eliminate diversity, equity and inclusion programs.
• The lawsuit claims the Education Department’s guidelines would prevent educators from teaching U.S. history in an honest way, particularly regarding topics such as slavery and civil rights.
• Schools are facing a Feb. 28 deadline to comply with the new regulations or risk facing legal challenges, funding reductions, or investigations.

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The American Federation of Teachers (AFT) is taking legal action against the U.S. Department of Education. The lawsuit challenges the department’s recent “Dear Colleague” letter that threatens to cut funding from schools that do not shut down their diversity, equity and inclusion (DEI) programs.

What was in the “Dear Colleague” letter?

On Feb. 14, the Education Department’s Civil Rights Office sent a letter to educational institutions across the country, clarifying discrimination based on race, color, or national origin is prohibited under the Civil Rights Act of 1964.

This means public schools, from elementary level to college, cannot use race as a factor in admissions, financial aid or hiring decisions.

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The letter also referenced the Supreme Court’s 2023 ruling, Students for Fair Admissions v. Harvard, which determined universities cannot use race as a sole factor in admissions decisions.

AFT responds with lawsuit

In response, the AFT is suing the Trump administration’s Education Department to protect educators’ ability to teach freely in the classroom.

The lawsuit, filed by the AFT, its Maryland affiliate and the American Sociological Association, argues education is a gateway to opportunity, a principle deeply rooted in American history, ranging from the desegregation of schools to ensuring children with disabilities have access to education.

Restriction on what students can learn

The lawsuit also challenges the broader implications of the Education Department’s directive, particularly its restriction on teaching the U.S. is built upon “systemic and structural racism.”

AFT President Randi Weingarten called the letter “unconstitutionally vague” and a “grave attack” on students and educators. She argued the letter would make it impossible for educators to teach history honestly without acknowledging racism.

“It would ban meaningful instruction on slavery, the Missouri Compromise, the Emancipation Proclamation, the forced relocation of Native American tribes, the laws of Jim Crow, Brown v. Board of Education, the internment of Japanese Americans during World War II, and the Civil Rights Act and the Voting Rights Act,” Weingarten said in a statement.

Trump’s executive order and DEI programs

When President Donald Trump took office, he began chipping away at DEI programs by signing an executive order that ended government support for these programs, including federal grants and funding. The administration later argued that the directives only targeted initiatives that violated civil rights laws.

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Deadline for compliance

The Department of Education gave schools until Feb. 28 to comply with the directive or face potential funding cuts, investigations, or legal action. Court documents indicate that the plaintiffs are seeking a federal judge to declare the letter unlawful and issue an injunction to prevent educators from being forced to enforce it.