Dear Colleagues,
\nOn January 21, 2026, the Trump Administration agreed to withdraw its appeal of a federal district court ruling that vacated the Department of Education’s February 14, 2025 Dear Colleague Letter (DCL) and a related requirement that school districts certify that they do not engage in “illegal DEI” practices. The Education Department's withdrawal of its own appeal means that the district court decision will stand.
\nThe court found that the Department exceeded its legal authority by bypassing required processes and attempting to regulate classroom and campus speech. The decision was issued under the Administrative Procedure Act (APA) and also held that the DCL violated the First Amendment and was unconstitutionally vague. The withdrawal of the appeal leaves those conclusions intact.
\nThis development represents a meaningful step forward. While the ruling applies specifically to the two measures by the Department of Education, it reinforces that lawful efforts to advance diversity, equity, inclusion and belonging remain central to the mission of higher education. It also affirms that the federal government cannot lawfully use funding threats to restrict the ability of K–12 schools, colleges, universities, community colleges and trade schools to lawfully protect and expand fair access and opportunity nationwide, underscoring the importance of collective action in defending civil rights and academic freedom.
\nWe are grateful to the plaintiffs, American Federation of Teachers, AFT-Maryland, the American Sociological Association, and Eugene School District 4J for challenging these actions by the Department of Education. We are also grateful to Democracy Forward for its leadership and advocacy in this case and for its continued work on behalf of educators and institutions, including its support for NADOHE in litigation challenging President Trump’s anti-DEI Executive Orders, which is currently pending a decision on appeal by the Fourth Circuit Court of Appeals. We will share updates on our lawsuit with our members as additional information becomes available.
\nWhile this development is encouraging, it does not mark the end of broader efforts by the Administration to challenge diversity initiatives in education, and the ruling in the case did not address more recent measures by the Department of Justice that are hostile to promoting opportunity and belonging for all on college and university campuses. NADOHE has been engaged from the beginning in seeking to protect our members and campuses from state and federal level efforts to dismantle diversity, equity, and inclusion in education. We continue to work closely with our members to ensure they have the information, resources and support needed to navigate a complex and evolving legal landscape. We have not walked away from the fight, and your continued support of our efforts is essential.
\nFairness, access, and equal opportunity for all matters. Preserving policies and practices that allow colleges, universities, and community colleges to support perspectives from all backgrounds and lived experiences is essential for student success. The work of NADOHE and its members is central to educational excellence, and its impact will continue to shape institutions and future generations.
\nWe encourage members to consult with their own institution’s legal counsel regarding any questions about how this new development may affect their institution.
\nIn solidarity,
\nPaulette Granberry Russell
\nPresident & CEO, NADOHE