The U.S. Department of Education is dropping its appeal of a federal judge’s August 2025 decision that found the Trump administration’s campaign against diversity, equity and inclusion violated the First Amendment and federal procedural rules.

The Department of Education moved to dismiss its appeal in a Jan. 21 filing. The dispute centered on federal guidance that told schools and colleges they could lose federal funding if they continued practices the Republican administration labeled as diversity, equity and inclusion.

Democracy Forward, a legal advocacy firm representing the plaintiffs — a school district and a coalition of national groups, including the American Federation of Teachers — called the dismissal “a welcome relief and a meaningful win for public education.”

The U.S. DOE communicated the anti-DEI warning in a February 2025 “Dear Colleague Letter.” It said race could not be a factor in decisions about college admissions, scholarships and “all other aspects of student, academic and campus life.” It also said efforts to increase diversity had led to discrimination against white and Asian American students. The agency later asked K–12 schools to certify they did not practice DEI or risk losing federal funding, Both documents were struck down on the grounds they stifled teachers’ free speech and created fear. 

The Associated Press, Jan. 21