The U.S. Department of Education moved to dismiss its appeal of a federal court decision that struck down guidance threatening to cut federal funds from schools for using DEI practices. The August ruling by Judge Stephanie A. Gallagher found the guidance violated the First Amendment and federal procedural rules. The guidance included a February "Dear Colleague" letter and a later K–12 certification demand; the suit was brought by the American Federation of Teachers and backed by Democracy Forward.
Trump Administration Drops Appeal; Court Ruling That Blocked Anti‑DEI Funding Threats Stands
FILE - Education Secretary Linda McMahon speaks with reporters in the James Brady Press Briefing Room at the White House, Thursday, Nov. 20, 2025, in Washington. (AP Photo/Alex Brandon, File)(ASSOCIATED PRESS)
WASHINGTON — The U.S. Department of Education has moved to dismiss its appeal of a federal court decision that blocked a campaign to withhold federal funding from schools and colleges over diversity, equity and inclusion (DEI) practices.
In a court filing on Wednesday, the department asked the appeals court to end the challenge, leaving intact an August ruling by U.S. District Judge Stephanie A. Gallagher. Judge Gallagher found that the administration’s guidance violated the First Amendment and failed to follow required federal procedures.
Background
The dispute began after the Education Department sent a "Dear Colleague" letter in February warning that institutions could lose federal money if they maintained a broad set of practices the administration characterized as DEI. The memo said race could not be considered in college admissions, hiring, scholarships or "all other aspects of student, academic and campus life," and argued that some diversity efforts resulted in discrimination against white and Asian American students.
The department later asked K–12 schools to certify that they did not practice DEI, again tying compliance to the prospect of losing federal funding.
Court Ruling And Reactions
Judge Gallagher wrote that the guidance chilled teachers' speech, "causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished."
The legal challenge was brought by the American Federation of Teachers and supported by Democracy Forward, a legal advocacy group representing the plaintiffs. Democracy Forward called the dismissal of the appeal "a welcome relief and a meaningful win for public education." Skye Perryman, the group's president and CEO, said the move shows government attorneys are increasingly struggling to defend what the group characterized as "lawlessness of the president and his cabinet."
The Education Department did not immediately comment on the filing.
Case Status: With the appeal dismissed, Judge Gallagher’s August decision remains in effect, and the anti‑DEI guidance and related certification request remain blocked.
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