The NAACP filed a lawsuit against the U.S. Department of Education in Washington on Tuesday. NAACP President and CEO Derrick Johnson, shown above, said in a statement that the department is "erasing the lived experiences" of Black students. (AP Photo/David Becker)AP
The NAACP has filed a federal lawsuit against the Department of Education, alleging that its anti-DEI initiatives have limited equal educational opportunities for Black students.
The lawsuit, filed in Washington on Tuesday, stems from the DOE’s demands that schools that receive federal funding eliminate considerations for diversity, equity and inclusion from admissions, hiring programming and other decisions or risk losing federal funding.
The NAACP charges that the DOE’s communications to schools over the issue are a legally incorrect interpretation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment.
“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,” NAACP president Derrick Johnson said in a statement.
The suit names Education Secretary Linda McMahon and Acting Assistant Secretary for Civil Rights Craig Trainor.
A spokesperson for the Education Department could not be reached on Friday.
President Donald Trump signed an executive order banning DEI in federal hiring, programs and contracts during his first week in office.
On Feb. 14, the DOE sent a letter to all schools that receive federal funding, stating that federal law prevented schools from considering race in areas like admissions, hiring and promotion, pay, financial aid, scholarships and prizes, housing and graduation ceremonies, Reuters reported.
Earlier this month, the department sent certifications of compliance documents, asking schools to confirm that they are complying with demands to end DEI-related decisions and programs, Reuters reported.
“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,” Johnson said.
The lawsuit alleges that the department is deliberately discriminating against Black students by attempting to defund federal grantees based on false facts and interpretations of law, according to the statement.
“Children of color consistently attend segregated, chronically underfunded schools where they receive less educational opportunities and more discipline,” said Johnson. “Denying these truths doesn’t make them disappear — it deepens the harm. We are asking the court to act swiftly on our request and will continue to advocate for students of color to be treated fairly and equitably.”
The NAACP is asking the federal district court to stop the department from continuing its actions, as communicated in the “Dear Colleague” letter and related certification requirements.
Stories by Vashti Harris
Mosaic staff writer Vashti Harris can be reached at vharris@njadvancemedia.com.
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