On August 14, 2025, a federal court struck down a "Dear Colleague Letter" issued by the U.S. Department of Education on February 14, 2025 (the letter), which purported to clarify the nondiscrimination obligations of schools that receive federal financial assistance from the U.S. Department of Education (the Department). The letter reflected the Trump administration's position with respect to DEI programs and their legality under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI is a federal law prohibiting schools that receive federal financial assistance from discriminating on the basis of race, color, or national origin. The letter asserted that American educational institutions are routinely discriminating against students by using race as a factor in admissions, financial aid, scholarships, hiring, training, housing, graduation ceremonies, as well as other institutional programming. The Department also sought to require schools to certify their compliance with the administration's interpretation of Title VI. By April 2025, federal courts had already granted preliminary injunctions that enjoined the government from enforcing or implementing the letter and certification. Now, in American Federation of Teachers, et al., v. Department of Education, et al., No. SAG-25-628 (D. Md. Aug. 14, 2025), U.S. District Judge Stephanie Gallagher has struck down the letter and certification requirements in their entirety, finding that the administration violated procedural requirements and ran afoul of important constitutional rights.
The letter had raised significant concerns among institutions of higher education regarding the administration's interference with curriculum and free speech, leading to a multitude of lawsuits. For example, the letter had suggested that educational institutions were discriminating by teaching "students that certain racial groups bear unique moral burdens that others do not" and by teaching about "systemic and structural racism." This position was consistent with President Trump's executive order titled "Ending Radical Indoctrination in K-12 Schooling," signed on January 29, 2025, which took the stance that teaching "White Privilege" or "unconscious bias" actually promotes racial discrimination.
Key Findings From the Decision
The court rejected the administration's arguments that the letter merely clarified existing law, finding that it attempted to impose new legal obligations on schools, including by extending Title VI to cover classroom speech and curriculum. The judge noted that Title VI has "never been interpreted to preclude teaching about concepts relating to race," but that the letter attempted to expand the definitions of "stereotyping," "stigmatizing" and "discrimination" to reach entirely new categories of conduct. The judge found that the letter was enacted without following required administrative procedures and that the government violated the Constitution in an area involving academic freedom, free speech rights and controversial topics on which Americans hold a diversity of opinions. The court also took issue with the vagueness of the letter and the administration's failure to define DEI or provide clarity as to what DEI-related activity it finds impermissible – which would allow the administration to enforce the letter arbitrarily and create a chilling effect on free speech. The court also noted that race-neutral efforts to promote diversity and increase opportunity for all students is not presumptively illegal under Title VI.
Implications for Higher Education Clients
Higher education clients and their counsel should monitor developments, as this area is changing at a rapid pace. In response to this recent ruling, a Department spokesperson noted that the Department was disappointed but that the judicial decisions enjoining and now setting aside the letter had not stopped its ability to enforce Title VI protections. While this decision may offer some reassurance to educational institutions and faculty regarding the teaching of race-related curricula—including courses on systemic racism and social justice—the administration has continuously reaffirmed its commitment to ending what it characterizes as 'woke' ideology in education. The administration may appeal the decision or pursue other procedurally proper means to effectuate similar policies. Higher education institutions and their counsel should continue to evaluate how its policies and practices might run afoul Title IV, including in areas such as admissions, financial aid, scholarships, hiring, training, housing, organizations and graduation ceremonies. In addition to DEI-related concerns, the administration has focused its recent Title VI efforts on combatting antisemitic harassment, including initiating investigations and entering into resolution agreements with K-12 schools and higher education institutions. In this ever-changing landscape, it is critical to review all recently announced investigations, resolution agreements and legal decisions, to ensure compliance with all federal laws and regulations. Higher education clients should consult with counsel to ensure that any of its programming that may be seen as DEI-related is made available on a non-discriminatory basis, both in policy and in practice.
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