Democratic AGs Sue to Protect States’ Access to Federal Education Funds

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  • A group of 19 Democratic AGs filed a lawsuit to block the U.S. Department of Education (DOE) from enforcing a directive conditioning federal education funding on certification that state and local education agencies will not engage in illegal diversity, equity, and inclusion (DEI) practices.
  • The complaint argues that the certification directive wrongfully departs from a longstanding, statutorily-mandated process by which state and local education agencies routinely provide written assurances that they will comply with Title VI of the Civil Rights Act as a condition of receiving federal educational funds.  The AGs allege that the new certification requirement is unconstitutional, arbitrary and capricious, contrary to law, exceeds statutory and regulatory authority, and is ultra vires.
  • The AGs seek declaratory and injunctive relief barring the DOE from enforcing the directive, as well as fees, costs, and other relief deemed proper by the court.
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