ED Withdraws Appeal Against Ruling on Anti-DEI Guidance

The U.S. Department of Education (ED) has officially withdrawn its appeal regarding a federal court ruling on anti-diversity, equity, and inclusion (DEI) guidance. This decision marks the conclusion of a yearlong legal conflict over rules that aimed to eliminate race-based programming in educational institutions.

Details of the Legal Battle

The ED’s motion to dismiss the appeal was jointly approved by both parties on a Wednesday. This action follows the February 14 issuance of a “Dear Colleague” letter, which declared that race-based programs were illegal. Schools faced the threat of losing federal funding if they did not comply within two weeks.

In response to these mandates, many colleges shut down DEI offices, removed relevant content from their websites, and cut various programs. The reversal has been hailed as a significant victory by First Amendment advocates and DEI supporters in higher education.

Reactions and Statements

• Skye Perryman, the president of Democracy Forward, stated that the dismissal signals a “final defeat” of attempts to censor educational content and support services.
• She emphasized that the outcome encourages ongoing resistance against previous unjust policies related to civil rights.
• Randi Weingarten, president of the American Federation of Teachers, remarked that this case has effectively halted the administration’s attempts to undermine U.S. laws focused on justice and opportunity.

Previous Guidance and Court Rulings

Former officials within the Trump Administration maintained that they were enforcing existing federal civil rights laws, including a 2023 Supreme Court ruling that invalidated affirmative action. They claimed that race-based programming was discriminatory.

However, a coalition of education unions, a national association, and a public school district contested this guidance shortly after its release. In August, U.S. District Judge Stephanie Gallagher sided with the challengers, stating that the ED’s guidance did not adhere to procedural standards and that speech regulation must not be executed casually.

Further Developments

Despite this decision, challenges remain for colleges. Just days prior to Judge Gallagher’s ruling, the Department of Justice issued a nine-page memo on DEI matters. This memo suggested that certain alternative criteria for services that relate to race, such as “lived experience” and “cultural competence,” could also infringe upon federal civil rights laws.

Consequently, educational institutions have had to cease operations of centers and publications that cater to specific racial or ethnic groups. Many educators view the withdrawal of the appeal as a pivotal moment in the ongoing fight for equity in education.