Agreement Temporarily Halts Enforcement of Department of Education’s Unlawful Directive

CONCORD, N.H. – In a major development in the lawsuit challenging the U.S. Department of Education’s February 14, 2025, Dear Colleague Letter and its April 3, 2025, Certification Requirement, the parties have reached an agreement that blocks the department from taking any enforcement action under either directive until at least April 24, 2025. The agreement, reached after plaintiffs filed an emergency motion to block the Certification Requirement, ensures that no school district, state agency, or higher education institution will face investigation or penalties for failure to return the challenged certification that diversity, equity, and inclusion efforts do not exist within their curriculums.  

As part of the agreement, states and local education agencies are not required to submit the certification now. The department has agreed not to act upon any already submitted certifications or treat them as material representations before the April 24 deadline. This pause in enforcement provides immediate relief to schools across the country while the broader legal challenge continues.  

The agreement also clarifies that any certifications submitted by states or local education agencies will not become effective prior to April 24 and may not be used for any purpose, including as the basis for enforcement actions, investigations, or liability under the False Claims Act or similar legal claims. The department further agreed it will not initiate any enforcement actions or investigations based on the Feb. 14 letter or any actions implementing it until after April 24. 

On March 5, the National Education Association (NEA), the National Education Association–New Hampshire, the American Civil Liberties Union, the ACLU of New Hampshire, and the ACLU of Massachusetts filed a lawsuit in U.S. District Court in New Hampshire against the U.S. Department of Education (ED). Also joining the case is the Center for Black Educator Development. 

The lawsuit challenges ED’s directive on multiple legal grounds. Specifically, the lawsuit argues that ED has overstepped its authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limiting academic freedom and restricting educators’ ability to teach and students’ right to learn; and unlawfully dictating curriculum and educational programs, exceeding its legal mandate. 

A copy of the agreement can be found here.  

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