“Dear Colleague” Letter

On February 14, 2025 the Acting Assistant Secretary for the Department of Education’s Office of Civil Rights, Craig Trainor, published a Dear Colleague Letter(opens in a new tab) indicating that federal funding may be removed from institutions of primary, secondary, and post-secondary education that are found to violate the Department’s interpretation of federal civil rights law, including by promotion of DEI programs deemed to discriminate on the basis of race, color, or national origin.

Updated note included on official letter:

On April 24, 2025, a federal court enjoined the Department from “enforcing and/or implementing” the following: Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard (Feb. 14, 2025), Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act (first issued on Feb. 28, 2025), End DEI Portal, and Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification Under Title VI and SFFA v. Harvard (April 3, 2025) (certification requirement) against the plaintiff National Education Association, et al., its members, and any entity that employs, contracts with, or works with its members. See, Nat’l Educ. Ass’n v. United States Dep’t of Educ., No. 25-CV-091-LM (D.N.H. Apr. 24, 2025). As a result, the Department of Education’s Office for Civil Rights will not take any enforcement action, or otherwise implement, the February 28, 2025, Dear Colleague Letter, associated FAQs, the End DEI Portal, or the certification requirement until further notice.