NAACP, LDF Sues to Challenge U.S. Department of Education’s “Dear Colleague” Letter and Certification Requirement

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The Legal Defense Fund files federal lawsuit on behalf of the NAACP

(Black PR Wire) WASHINGTON – The NAACP, and the Legal Defense Fund (LDF), acting on its behalf, filed a federal lawsuit challenging the U.S. Department of Education’s attempts to prohibit and chill lawful efforts to ensure that Black students are afforded equal educational opportunities. The Education Department issued a “Dear Colleague” Letter on Feb. 14, followed by a “Frequently Asked Questions” document on Feb. 28 and a certification requirement on April 3 — all of which include factual inaccuracies and misinterpretations of civil rights laws and threaten the termination of critical public education funds. The defendants named in the suit are the U.S. Department of Education, U.S. Secretary of Education Linda McMahon and Acting Assistant Secretary for Civil Rights Craig Trainor.

The lawsuit alleges that the Education Department’s communications to recipients of federal funds present a legally flawed and unsupported interpretation of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The lawsuit additionally alleges that the Education Department is intentionally discriminating against Black students through its efforts to defund federal grantees based on erroneous facts and interpretations of law. The Dear Colleague Letter and related certification already have had devastating consequences for educational communities across the nation. The plaintiff is asking the federal district court to enjoin the Education Department from moving forward with its enforcement actions, as articulated in the “Dear Colleague” Letter and related certification requirement.

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