A coalition of nineteen states filed a federal lawsuit on Friday challenging a recent directive from the U.S. Department of Education that ties federal funding to state compliance with new civil rights certification requirements. The states argue that the directive threatens billions in essential education funding and unfairly targets programs aimed at promoting diversity, equity, and inclusion (DEI) in public schools.
The legal action, led by Massachusetts and joined by eighteen other states, was filed in federal court and seeks to prevent the Department from enforcing the directive issued on April 3. That guidance requires states to certify compliance with federal civil rights laws interpreted by the Department to include rejecting what it describes as “unlawful DEI practices.” States were also instructed to collect signed statements from local school districts affirming their compliance by April 24.
In response, the states informed the federal government that while they remain committed to existing civil rights laws, they do not intend to dismantle educational programs designed to ensure equitable access and support for all students.
The lawsuit claims that these initiatives are legal and beneficial, fostering environments where students feel supported and respected. According to the complaint, the new federal directive jeopardizes more than $13.8 billion in education funding, including resources allocated for students with disabilities.
The states argue that the requirement forces them into an untenable position either submit to a vaguely defined directive that could chill lawful policies and speech, or risk losing funding critical to serving vulnerable student populations.
This legal challenge follows three recent court rulings that temporarily blocked or limited the Department’s enforcement of similar guidance. In separate cases across Maryland, Washington, D.C., and New Hampshire, judges questioned the clarity and constitutionality of the policy, noting that it could suppress academic freedom and create uncertainty for schools.
In total, the states joining the lawsuit include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Federal education officials have not issued a public response to the new filing. However, the Education Secretary has previously stated that states failing to return the certification forms could face funding consequences, describing the effort as a way to ensure schools are free from discriminatory practice.
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