Academic Freedom
On February 14th, the U.S. Department of Education published a Dear Colleague letter warning schools that they could lose federal funding for advancing diversity, equity, and inclusion. The letter claims, without evidence, that discrimination exists “in every facet of academia” and condemns DEI programs for promoting discussions of systemic racism. Schools were given until February 28 to comply with the directive or risk losing federal funding. The states
Responses to U.S. Department of Ed's Dear Colleague letter:
Governor, Attorney General Affirm Commitment to Equal Access to Education in Massachusetts
Guidance from Massachusetts Officials, Agencies
In response to the "Dear Colleague" letter, Governor Maura Healey and Attorney General Andrea Joy Campbell issued updated joint guidance to support Mass. higher education and K-12 institutions "in their work to further equal access and representation in education." The guidance specifically states that "Massachusetts educational institutions should continue their work to foster diversity, equity, inclusion, and accessibility among their student bodies. Longstanding legal precedent has established that educational institutions may take steps to build student bodies that are meaningfully diverse across numerous dimensions, like geography, socioeconomic status, race, and sexual orientation and gender identity, among others.
The guidance states "The federal government cannot change this longstanding legal precedent by executive order or a Dear Colleague letter. These efforts cannot erase the truth that educational access has not been free from the impact of historical and systemic racism."
Healey and Campbell also included statements of support from elected officials and Massachusetts leaders including MTA President Max Page and Deb McCarthy. Here is their official statement:
“From school to school and from campus to campus, MTA members are standing in solidarity along with their other union colleagues, students and community members to promote the values of diversity, equity and inclusion in both learning and working conditions. Our laws are clear and enable us to support all students and colleagues and to respect their views and dignity. Public schools, colleges and universities have a responsibility to ensure every student and staff member feels safe and supported. We are committed to working with Governor Maura Healey and Attorney General Andrea Campbell in upholding our state’s existing legal protections as they are essential to maintaining the high quality of public education available in Massachusetts.” -
NEA and ACLU sue U.S. Department of Education over unlawful attack on educational equity
On March 5, 2025, the National Education Association, the National Education Association–New Hampshire, the American Civil Liberties Union, the ACLU of New Hampshire, and the ACLU of Massachusetts filed a lawsuit in U.S. District Court in New Hampshire, against the U.S. Department of Education.
NEA has filed suit challenging the letter as unlawfully vague. These restrictions on free speech coerce schools into self-censorship and create uncertainty, risking arbitrary enforcement that chills academic freedom. The Letter also imposes new legal obligations without proper procedure, contradicting long-standing civil rights precedent and misinterpreting Supreme Court rulings on affirmative action.
NEA files amicus brief with U.S. Supreme Court to ensure inclusive education for all students
On April 9, the NEA filed an amicus with the U.S. Supreme Court in Mahmoud v. Taylor, a case in which the court will rule on parents’ religious objections to inclusive education that reflects the diversity of identities in our public schools and communities. At issue in Mahmoud is whether parents have a constitutional right to force public schools to provide advance notice, opt-out procedures, and alternative learning arrangements to deny their children access to books with LGBTQ+ characters or any other content that may offend their religious beliefs. NEA’s brief argues that doing so would hamstring efforts to provide students with a full, engaging and inclusive education.
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