By attorneys Miriam Van Heukelem and Jazmine Polk
On February 14, 2025, the U.S. Department of Education (the “Department”) issued a Dear Colleague Letter providing the administration’s interpretation of the nondiscrimination obligations of schools and other entities receiving federal financial assistance under Title VI of the Civil Rights Act of 1964 (“Title VI”) and the 2023 U.S. Supreme Court decision in Students for Fair Admissions, Inc. v. Harvard University, 600 U.S. 181 (2023) (hereinafter the “SFFA decision”).
The Dear Colleague Letter asserted that race-based decision-making is prohibited in all aspects of school operations—including admissions, hiring, discipline, scholarships, and campus life. It clarified that institutions may not treat individuals differently based on race, nor implement facially neutral policies that are motivated by racial considerations. The Dear Colleague Letter also identified diversity, equity, and inclusion (“DEI”) programming as a potential source of Title VI violations. The Department warned that violations could result in loss of federal funding and encouraged individuals to file complaints with the Office for Civil Rights. The Department subsequently released an FAQ document with further guidance.
On April 4, 2025, the Department instructed state education agencies to collect Certifications from local education agencies confirming compliance with Title VI and the SFFA decision by April 24, 2025. The Iowa Department of Education required districts to certify compliance through the CASA system by April 21, 2025.
In response, several parties and interest groups filed lawsuits in federal court seeking to prevent the Department from enforcing the Dear Colleague Letter and the Certification requirement. On April 24, 2025, preliminary rulings were entered by three courts that affect the enforceability of the Dear Colleague Letter and/or the Certification requirement. However, the courts acknowledged that the Department may continue to enforce Title VI in accordance with its established principles and the dictates of the SFFA decision.
- In National Education Association et al. v. USDOE et al. (the “NEA decision”), the plaintiffs filed a lawsuit alleging violations of the First and Fifth Amendments. On April 24, 2025, a federal court in New Hampshire issued a preliminary injunction, pausing enforcement of both the Dear Colleague Letter and the Certification requirement against the NEA, its members, and affiliated entities pending the outcome of litigation. In Iowa, this would include all school districts that employ at least one Iowa State Education Association (“ISEA”) member, as ISEA is an affiliate of the NEA.
- In American Federation of Teachers et al. v. USDOE et al. (the “AFT decision”), the plaintiffs filed a lawsuit alleging violations of the First Amendment, Fifth Amendment, and the Administrative Procedure Act (“APA”). On April 24, 2025, a federal court in Maryland issued a temporary stay, again pausing enforcement of the Dear Colleague Letter. The court found that the plaintiffs demonstrated a likelihood of success on their APA claim. However, the court did not address the Certification requirement, as it was not included in the plaintiffs’ amended complaint. The court also ruled that the stay applies broadly and is not limited to the parties involved in the case.
- In National Association for the Advancement of Colored People v. USDOE et al. (the “NAACP decision”), the plaintiff filed suit in federal court in the District of Columbia, asserting claims under the First Amendment, Fifth Amendment, and the APA. On April 24, 2025, the court found that the NAACP lacked standing to pursue the APA and First Amendment claims related to the Dear Colleague Letter. However, it concluded that the organization did have standing to challenge the Certification requirement as unconstitutionally vague under the Fifth Amendment. The court issued a limited preliminary injunction pausing enforcement on the Certification requirement only.
Key Takeaways:
- The NEA decision pauses enforcement of the Dear Colleague Letter and the Certification requirement for the NEA, its members, and affiliated entities (including ISEA).
- The AFT decision effectively puts a nationwide pause on the enforcement of the Dear Colleague Letter.
- The NAACP decision pauses only the Certification requirement.
- Title VI and the SFFA decision are not affected by these injunctions. The Department and its Office for Civil Rights may continue to investigate complaints and enforce the established principles of Title VI.
We anticipate further proceedings will shape the ultimate outcome and enforceability of the Dear Colleague Letter and the Certification requirement. While no immediate action is required in response to these preliminary rulings, school districts should consult their legal counsel to understand how these developments may impact district policies, programs, and activities.
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