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Federal Enforcement of Anti-DEI Certification Delayed After Legal Challenges

The U.S. Department of Education has postponed enforcement of its April 24 deadline for schools to certify compliance with anti-DEI measures, following lawsuits and widespread state pushback.

Community leaders, and probation staff celebrate the completion of the Youth Transition Campus to better support high-risk youth. A classroom with desk, whiteboards, posters and television in Birdland on Thursday, July 18, 2024 in San Diego, California. (Alejandro Tamayo / The San Diego Union-Tribune)
Student protestors hold signs while participating in the “Hands Off Our Schools” rally in front of the U.S. Department of Education on April 4, 2025, in Washington, D.C. Students from Georgetown University, Howard University, American University, George Washington University, George Mason University, and Temple University gathered to protest President Donald… (Kayla Bartkowski/Getty Images North America/TNS)
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Overview

  • The Department of Education’s April 3 directive required K-12 schools to certify compliance with Title VI and the 2023 Supreme Court decision on affirmative action, targeting undefined 'illegal DEI practices.'
  • Enforcement of the April 24 certification deadline has been delayed after lawsuits from the National Education Association, ACLU, NAACP, and Legal Defense Fund challenged the directive’s legal basis.
  • Sixteen states and Puerto Rico have agreed to comply, while 16 states, including New York and California, have refused, citing the directive's ambiguity and lack of legal clarity.
  • The abrupt rescission of pandemic-era federal aid in March has compounded financial uncertainty for schools, particularly in high-need districts like Mississippi, which warned of losing over $137 million in critical funds.
  • Many districts, including those in central Ohio, have signed the certification to protect federal funding, while expressing confusion over what constitutes 'illegal DEI practices.'