NEA Legal Rundown

Gutting the Department of Education

The Trump administration has aggressively moved to dismantle the Department of Education (ED), issuing an EO on March 20th that instructs the Secretary of Education to take “all necessary steps to facilitate the closure of [ED] and return education authority to the states.” This directive follows a 50% reduction in ED’s staffing, along with the termination of $1.5billion in contracts and grants, rendering many offices non-functional.

Slashing Federal Funding for DEI Efforts

On February 14th, ED published a Dear Colleague Letter warning schools that they could lose federal funding for advancing diversity, equity, and inclusion (DEI). The Letter claims, without evidence, that discrimination exists “in every facet of academia” and condemns DEI programs for promoting discussions of systemic racism. Schools were given until February 28th to comply with the directive or risk losing federal funding.

Rolling Back Protections for Transgender and LGBTQ+ Individuals

On his first day in office, Trump issued an EO mandating that federal agencies recognize only two genders based on biological sex at conception. He later signed an EO banning transgender and intersex athletes from female sports teams and facilities, which followed a Dear Colleague Letter issued by ED stripping away the Biden administration’s explicit protections for LGBTQ+ students.

Undermining Public Education Funding

On January 29th, Trump issued an EO directing federal agencies to explore ways to use existing funding programs to support private and religious school vouchers. It tasks the ED with promoting K-12 school choice and instructs other agencies to assess how other funding mechanisms could expand access to private education.

Penalizing K-12 Educators for Supporting for Gender Equity

On January 29th, Trump signed an EO directing federal agencies to develop a plan to eliminate funding used in K-12 schools to support “equity” and “gender ideology.” It echoes a similar 2020 EO that courts deemed impermissibly vague. Most notably, it instructs the Attorney General to coordinate with prosecutors to take legal action against educators who allegedly violate parental rights—particularly those who support transgender students in socially transitioning.

Prohibiting “Divisive Concepts” in DODEA Schools

On January 27th, Trump passed an EO banning military-run schools from teaching “divisive concepts” about race, sex, and gender identity. The directive also mandates that curriculum emphasize American exceptionalism. Additionally, it orders the Secretaries of Defense and Homeland Security to conduct a sweeping review of leadership, instructors, and curriculum to ensure compliance with this directive.

NEA’s Legal Challenges Against Federal Overreach

Given that many of the Trump administration’s executive actions are in direct conflict with existing law, NEA is preparing litigation to curb unlawful efforts that threaten the rights of students, parents, and educators:

NEA and ACLU Sue U.S. Department of Education Over February 14th Dear Colleague Letter

On March 5th, NEA and ACLU filed suit challenging ED’s Dear Colleague Letter that imposes impermissibly vague restrictions on DEI efforts and threatens federal funding cuts. The lawsuit argues that ED exceeded its authority, using the Letter to violate the First and Fifth Amendments and suppress academic freedom. Educators nationwide are already feeling the chilling effects of the ED’s overreach and have reported growing fears of disciplinary action for teaching honest and inclusive curricula.

NEA, NAACP, and Broad Coalition Sue Trump Administration for Attempts to Dismantle the U.S. Department of Education

NEA, NAACP, and a coalition of education, civil rights, and school employee groups filed a lawsuit on March 24th asking the federal district court to immediately halt the government’s attempt to dismantle ED. The lawsuit argues that staff cuts have left the agency unable to carry out many of its statutorily-mandatory functions and put student civil rights in jeopardy. It alleges that actions to dismantle the Department exceed the constitutional authority of the executive branch and violate the federal Administrative Procedure Act.