The U.S. Department of Education quietly pulled its own appeal today, leaving in place a federal judge’s decision that blocked the Trump administration’s attempt to penalize schools and colleges that keep diversity, equity, and inclusion programs. The move preserves an August ruling that struck down both a February “Dear Colleague” letter and a later K-12 certification demand, lifting an immediate threat of federal funding cuts tied to DEI practices.
As reported by The San Diego Union-Tribune, which carried an Associated Press account, the department filed a notice on Wednesday asking the appeals court to dismiss its challenge. Democracy Forward, the legal group that represented the educators who sued, called the filing “a welcome relief and a meaningful win for public education” in a press release. The Education Department did not immediately issue a public statement on the decision.
What the court blocked
The February “Dear Colleague” letter told campuses that race could not be considered in admissions, hiring, scholarships, or all other aspects of student, academic, and campus life. The department later asked states to collect K-12 certifications from districts that were not engaging in DEI practices.
In August, U.S. District Judge Stephanie Gallagher vacated both actions after concluding they were final agency actions issued without the required notice-and-comment process and that key provisions likely violated educators’ free-speech rights and federal procedural rules, according to the Civil Rights Litigation Clearinghouse and reporting on the case. Her order effectively wiped the guidance off the books.
Why educators said it would chill classrooms
Judge Gallagher wrote that the guidance initiated a sea change in how the Department of Education regulates educational practices and classroom conduct, causing millions of educators to reasonably fear that their lawful, and even beneficial, speech might cause them or their schools to be punished.
The American Federation of Teachers and other plaintiffs argued that the letter and the certification requirement were substantive final actions that should have undergone formal rulemaking. On that basis, they asked for, and won, the court’s vacatur.
What happens next
By moving to dismiss the government’s appeal, Education Department lawyers signaled they will not push the case further for now, which leaves Gallagher’s vacatur in place. School systems that had been bracing for enforcement of the certification requirement now have more legal breathing room, even as the larger policy fight over federal oversight and classroom speech stays very much alive.
Legal implications
Legal analysts say the case highlights the limits on federal agencies that seek to shift policy through guidance rather than formal rulemaking, especially when the agency threatens to withhold federal dollars. Litigation trackers and legal commentators note that the court relied on a blend of Administrative Procedure Act defects and First Amendment concerns, a combination that can be difficult for agencies to defend at the summary judgment stage and that may influence other challenges to federal education actions.
For now, advocates for teachers are treating the dismissal as a win for public education, while critics of DEI policies can still press their arguments through new guidance, formal rules, or separate enforcement efforts. The ruling buys districts time but leaves open the prospect of future legal and policy battles over how far federal officials can go in policing classroom practices and campus programs. For additional context, see Democracy Forward and the Associated Press’ coverage.
