Last Thursday, federal courts granted injunctions that block the enforcement and implementation of several recent actions of the U.S. Department of Education (USDOE). These decisions specifically enjoin enforcement of the Title VI certification request issued several weeks ago that asked school districts to certify that their practices comply with Title VI in light of the administration’s interpretation of the law related to “illegal DEI.” This request was discussed in a Legal Ledger post on April 14. USDOE is also enjoined from implementing other recent federal actions in this area, at least as it relates to some districts.
The first decision stems from a challenge brought in a federal district court in New Hampshire by the National Education Association (NEA), its New Hampshire affiliate, and the Center for Black Educator Development. In an 82-page decision, the court issued a preliminary injunction blocking the USDOE from enforcing the Dear Colleague Letter issued on February 14, 2025, the February 28, 2025 “Frequently Asked Questions about Racial Preferences and Stereotypes under [Title VI]”, the End DEI Portal, and the April 3, 2025 certification requirement. The court declined to issue a nationwide injunction and instead limited the scope of its action to preventing enforcement against the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more plaintiffs or one or more of plaintiffs’ members.
Later on Thursday, the U.S. District Court for the District of Columbia issued an order granting a preliminary injunction against enforcement of the certification request. This order appears to be generally applicable and not limited to the parties in the case. This case was brought by the NAACP, which argued that the certification request, in addition to the other federal actions related to Title VI and DEI, violated the First Amendment, the Fifth Amendment, and the Administrative Procedures Act (APA). The court specifically found that the NAACP had demonstrated a substantial likelihood of standing and success on the merits of their claim that the certification request was unconstitutionally vague under the Fifth Amendment.
In addition, also on Thursday, a federal district court in Maryland issued a stay in enforcement of the February 14 Dear Colleague Letter on the grounds that the government likely violated the APA. In response to these decisions, the Ohio Department of Education and Workforce issued a communication on Friday stating that they had received certifications from 98% of Ohio’s districts and submitted the certifications given that the initial deadline was Thursday. It also indicated that it was continuing to monitor updates in the litigation.
Districts with questions about next steps related to these federal actions should consult their legal counsel. OSBA will continue to monitor updates in this area and will pass along updates to members as needed.