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U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court
On March 5, 2025, the National Education Association (NEA) and its New Hampshire affiliate (NEA-NH) sued the U.S. Department of Education, challenging a recently issued “Dear Colleague Letter” (DCL) that informed schools that they would lose federal funding if they continued their diversity, equity, and inclusion (DEI) programs.
The DCL was followed by frequently asked questions (FAQs) guidance, issued on February 28, 2025, by the department’s Office for Civil Rights (OCR) clarifying the department’s interpretation of the meaning of the Supreme Court of the United States’ 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), which struck down affirmative action in college admissions.
