NAACP, LDF Sues to Challenge U.S. Department of Education’s “Dear Colleague” Letter and Certification Requirement  

The Legal Defense Fund files federal lawsuit on behalf of the NAACP

FOR IMMEDIATE RELEASE
April 15, 2025

Contact: Chyna Fields, cfields@naacpnet.org 

WASHINGTON - Today, the NAACP, and the Legal Defense Fund (LDF), acting on its behalf, filed a federal lawsuit challenging the U.S. Department of Education's attempts to prohibit and chill lawful efforts to ensure that Black students are afforded equal educational opportunities. The Education Department issued a "Dear Colleague" Letter on Feb. 14, followed by a "Frequently Asked Questions" document on Feb. 28 and a certification requirement on April 3 — all of which include factual inaccuracies and misinterpretations of civil rights laws and threaten the termination of critical public education funds. The defendants named in the suit are the U.S. Department of Education, U.S. Secretary of Education Linda McMahon and Acting Assistant Secretary for Civil Rights Craig Trainor.  

The lawsuit alleges that the Education Department's communications to recipients of federal funds present a legally flawed and unsupported interpretation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The lawsuit additionally alleges that the Education Department is intentionally discriminating against Black students through its efforts to defund federal grantees based on erroneous facts and interpretations of law. The Dear Colleague Letter and related certification already have had devastating consequences for educational communities across the nation. The plaintiff is asking the federal district court to enjoin the Education Department from moving forward with its enforcement actions, as articulated in the "Dear Colleague" Letter and related certification requirement.  

"The Department of Education's recent "Dear Colleague" letter and other communications are not only deeply misleading — they are a gross distortion of reality that attempts to erase the lived experiences of millions of Black and Brown children in this country," said Derrick Johnson, President and CEO of the NAACP. "The Department of Education, tasked with a responsibility to protect the civil rights of all children, has instead claimed systemic racism doesn't exist — effectively sanctioning the very discrimination that our civil rights laws were designed to prevent. Meanwhile, children of color consistently attend segregated, chronically underfunded schools where they receive less educational opportunities and more discipline. Denying these truths doesn't make them disappear — it deepens the harm. We are asking the court to act swiftly to our request and will continue to advocate for students of color to be treated fairly and equitably." 

"For decades, the U.S. Department of Education's Office for Civil Rights has worked to ensure that all students — including Black students who have historically faced and continue to face barriers that deny them equal educational opportunities — can receive the necessary support, tools, and resources to thrive academically," said Michaele N. Turnage Young, Senior Counsel and Co-Manager of the Equal Protection Initiative at the Legal Defense Fund. "Yet, in direct conflict with its mission, the Office for Civil Rights has baselessly characterized vital efforts to advance racial equality to themselves be racially discriminatory, thus weaponizing the anti-discrimination laws against the very communities they are meant to protect. These threats have incited a wave of chaos, uncertainty, and fear within our classrooms, cultural centers, and student and parent groups across the country, and run afoul of our nation's ideals. We ask the Court to enjoin these actions by the Department of Education — and will continue to fight until the constitutional promise of racial equality in education, set forth in Brown v. Board of Education,has been fulfilled."  

"Every student should have an equal opportunity to receive a quality education," said Katrina Feldkamp, Assistant Counsel at the Legal Defense Fund. "The current Administration's attacks are a threat to longstanding efforts to ensure truthful, inclusive curricula and instruction; equal access to selective programs; affinity groups where students of various identities can find support and belonging; and policies and programs that eradicate bias in discipline and hiring. These threats seek to undo decades of progress towards equality for all in public education. We proudly represent the NAACP, whose members include Black parents and students in every state of our nation, to protect and uphold Black students' rights to equal educational opportunity." 

The filing today follows the previous advocacy challenging the U.S. Department of Education's recent efforts to dial back progress towards racial justice, including another lawsuit filed to stop the Trump Administration from dismantling the Education Department. 

Read the full lawsuit here. A virtual media briefing will be held today at 1pm, registration link here.  

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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.

About LDF
 

Founded in 1940, the Legal Defense Fund (LDF) is the nation's first civil rights law organization. LDF's Equal Protection Initiative seeks to defend and advance the proper interpretation of the Equal Protection Clause and anti-discrimination law so that we can all continue to advance equal opportunity for all. LDF's Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been separate from the National Association for the Advancement of Colored People (NAACP) since 1957 — although LDF was originally founded by the NAACP and shares its commitment to equal rights.