The Trump administration has conceded defeat in its effort to force public school districts to abandon civil rights protections and diversity, equity and inclusion programs that benefit students.
The victory came Jan. 21 when the U.S. Department of Education filed notice it was dropping its appeal of a 2025 ruling in favor of educators and an Oregon school district in American Federation of Teachers et al v. U.S. Department of Education, according to Democracy Forward, the nonprofit legal rights group that litigated the case.
Soon after President Donald Trump returned to office last year, the department issued a “Dear Colleague” letter threatening to revoke contracted federal funding from K-12 schools with DEI programs and that teach sociology, critical history, issues of race and operated DEI programming.
The U.S. Department of Education filed notice it was dropping its appeal of a 2025 ruling in favor of educators.
“The department followed this letter with a requirement that every state and school district sign a certification, under threat of termination of funding and criminal penalty, that they would adhere to the administration’s unlawful interpretation of civil rights,” Democracy Forward explained.
The subsequent legal challenge filed in March argued the targeted lessons and programs are essential to a healthy democracy and to “the very foundation of good citizenship” extolled in the Brown v. Board of Education, the 1954 Supreme Court case ending school segregation.
“Plaintiffs, and countless schools, organizations and individuals across the country recognize diversity is a critical ingredient to fostering intellectual curiosity and educational attainment,” the 2025 action stated. “Schools, from pre-K to college, are where we learn about our world and each other. Students not only acquire knowledge and develop skills, but also wrestle with hard truths and engage with those who may have different perspectives.”
Banning and criminalizing such programs would violate the constitutional and statutory guarantees of equal access to education for all students regardless of racial or economic background, the case argued. The required certification also violated the Administrative Procedures Act and the First and Fifth Amendments of the U.S. Constitution, the lawsuit claimed.
In August, the U.S. District Court for Maryland ruled in favor of the teachers federation, the American Sociological Association and Eugene School District 4J in their complaint against the government.
“Plaintiffs have shown that neither challenged agency action was promulgated in accordance with the procedural requirements of the APA, and that both actions run afoul of important constitutional rights,” the ruling stated. “The administration is entitled to express its viewpoints and to promulgate policies aligned with those viewpoints. But it must do so within the procedural bounds Congress has outlined. And it may not do so at the expense of constitutional rights.”
The government’s withdrawal of its appeal of the decision leaves the order in effect and neither the “Dear Colleague” letter nor the previously demanded certification may be enforced against any U.S. schools.
Skye Perryman
“Today’s dismissal confirms what the data show: Government attorneys are having an increasingly difficult time defending the lawlessness of the president and his cabinet. And, when people show up and resist, they win,” Democracy Forward President Skye Perryman said.
“Although today is a victory against the administration’s unlawful crusade against civil rights, equity and inclusion, we know the fight to protect public education is far from over,” she added.
More than 620 lawsuits have been filed against the federal government since January 2025, according to a new analysis by Democracy Forward. “The administration is losing court orders in these cases far more than it is winning — their loss rate fluctuates but has generally been between 70% and 80%.”
While the White House has sought Supreme Court reviews “at an unprecedented rate,” fewer than 5% have reached the justices, Democracy Forward added. “By and large when lower courts rule, their rulings stick. … The administration continues to show a disregard for the rule of law and the judicial process — and courts are taking notice.”
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