NAACP Celebrates Legal Victory in Challenge to Education Department’s Anti-Opportunity “Dear Colleague Letter”

FOR IMMEDIATE RELEASE
February 6, 2026
Contact: Chyna Fields, cfields@naacpnet.org

WASHINGTON, D.C. – Today, the NAACP celebrates a legal victory after challenging the U.S. Department of Education's anti-opportunity "Dear Colleague Letter." The lawsuit alleged that the Department sought to prohibit lawful efforts to ensure equal educational opportunities for Black students, and that its guidance rested on a legally flawed interpretation of Title VI and the Equal Protection Clause. The NAACP successfully secured a preliminary injunction in this case last year. The settlement follows the Trump Administration's decision to vacate its appeal in a related challenge.

Janette McCarthy Wallace, NAACP General Counsel shared the following statement:

"This settlement marks a critical step toward protecting the promise of equal education for Black and Brown students, which was jeopardized by the Department's misguided and harmful directives. We are deeply grateful to the student and parent members of the NAACP across the country who had the courage to stand up, speak out, and challenge policies that threatened their rights. Their bravery helped stop efforts to roll back decades of civil rights progress and protecting equal opportunity for children of color across the country."

As part of the settlement, the Education Department agreed that it will no longer rely on the "Dear Colleague Letter" or its certification requirement, nor will it attempt to enforce or reinstate them under a different name. The Department also agreed not to use their "End DEI" portal or FAQ document which related to the Dear Colleague Letter. The settlement also preserves the NAACP's preliminary injunction win, which recognized students' right to receive information free from vague prohibitions.

This victory affirms Black students' right to equal opportunity in classrooms and extracurricular activities, including access to inclusive and accurate curricula, selective programs, affinity groups, and policies that foster a sense of belonging. The NAACP will continue to advocate for equity in our nation's classrooms for all Black students.

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About NAACP

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund – also referred to as the NAACP-LDF - was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.