USDE’s DEI Order put on Hold, Case is Pending (April 9, 2025)

An April 9, 2025 court agreement has given school districts a short reprieve, until at least April 24th, from a Trump administration directive to certify they’re not using diversity, equity and inclusion (DEI) practices, or risk losing federal funding. The agreement postpones the original U.S. Department of Education (USDE) 10-day certification deadline issued on April 3, 2025.

The agreement came between parties in a lawsuit filed March 5, 2025 by the National Education Association (NEA), its New Hampshire chapter, and the American Civil Liberties Union (ACLU) against the USDE. It ensures that the USDE’s anti-DEI efforts aren’t enforced until after a full hearing in the case, which is scheduled for April 17, 2025 before the U.S. District Court for the District of New Hampshire.

In addition to the certification requirement, other anti-DEI efforts temporarily curbed by the agreement include a Feb. 14 Dear Colleague letter telling schools to cease race-based programs and an anti-DEI portal subsequently launched to collect reports of “divisive ideologies” and “indoctrination.” 

The Trump administration has used the Supreme Court’s decision in SFFA v. Harvard, to dismantle diversity, equity, and inclusion (DEI) programs that were meant to level the playing field for vulnerable students. Several states have rebuked the certification requirement, which threatens to cut federal education funds over DEI initiatives.

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