Review of Diversity, Equity, and Inclusion (DEI) in Public Schools
On February 14, 2025, the U.S. Department of Education, Office for Civil Rights, issued a Dear Colleague letter to federally funded schools, colleges, and universities. The letter directed those entities to discontinue efforts to achieve racial diversity, equity, and inclusion (DEI). The Department held that such efforts fail to satisfy the strict scrutiny standard set by the Supreme Court in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). The Department asserted that DEI initiatives are not narrowly tailored to remediate specific, identified instances of racial discrimination. As such, in the Department’s view, DEI initiatives do not meet a compelling interest.
According to the U.S. Attorney General’s Office, the Dear Colleague letter articulates existing law preventing educational institutions from classifying students according to race. The Attorney General maintains that the U.S. government does not claim DEI in itself is illegal; rather, it claims that educational institutions that are breaking federal law by classifying students by race should not use the concept of DEI as an excuse to do so. According to the Attorney General, the Dear Colleague letter addresses how educational institutions treat students, not what they teach.
Consistent with the Department’s directive, the State of New Hampshire, on July 1, 2025, enacted a law to prohibit DEI initiatives in its publicly funded schools and postsecondary institutions. Supporters of the law asserted that it was designed to prevent giving anyone a preference for the purpose of achieving demographic outcomes, rather than treating individuals equally. The law would impose steep financial penalties on educational institutions which fail to comply after October 1, 2025.
On August 7, 2025, the National Education Association (NEA), four local school districts in New Hampshire, and three local teachers, filed a complaint with the U.S. District Court for the District of New Hampshire, Case No.: 25-CV-293. The plaintiffs sought declaratory and injunctive relief from the State.
The plaintiffs argued that the New Hampshire law is vague and unconstitutional, and would prevent responsible entities from providing an inclusive education. For example, the plaintiffs claimed that the law could prevent educators from providing essential services, programs, and training to students. They stated that the determination of whether a program is DEI is not clear-cut. Consequently, educators could shun certain programs altogether to avoid facing financial penalties from the State. Moreover, the plaintiffs asserted that the law violated the First Amendment rights of educators and students. The plaintiffs argued that the law was not just designed to address quotas, but to suppress ideas. The NEA averred that every New Hampshire student deserves a high-quality public education in a safe, inclusive, and supportive environment. The NEA continued that programs and initiatives, including classroom instruction, that recognize the importance of DEI are not only essential to fostering a sense of belonging for all students, they are also legally required in many cases.
On September 4, 2025, the District Court issued a temporary restraining order enjoining enforcement of the New Hampshire law until September 18, 2025. On October 2, 2025, the District Court issued a preliminary injunction to last while the case proceeds. The court found that the law was likely unconstitutional due to its startling breadth and vagueness.
The case remains active and is proceeding in the U.S. District Court for the District of New Hampshire. The court is considering whether to make its block permanent. The plaintiffs’ reply briefs were due October 1, 2026. The plaintiffs are requesting a final ruling.
Madonna T. Lechner is a Former Investigator and Team Leader, for the U.S. Department of Education, Office for Civil Rights, Chicago.