Federal Court Ruling on DEI Funding Guidance Will Stand After Appeal Is Dropped

Federal Court Ruling on DEI Funding Guidance Will Stand After Appeal Is Dropped

A recent federal court decision affecting schools and colleges across the country will remain in place after the U.S. Department of Education formally dismissed its appeal earlier this month. The ruling blocks federal guidance that would have threatened the loss of federal funding for schools and colleges based on certain diversity, equity, and inclusion (DEI) practices.

The decision brings clarity to educators and institutions that have been operating under uncertainty since early 2025.



Background on the Case

In February of last year, the U.S. Department of Education issued guidance to K–12 schools and higher education institutions outlining restrictions related to DEI practices. The guidance stated that race could not be considered in areas such as admissions, hiring, scholarships, or other aspects of campus life and warned that institutions could face the loss of federal funding if they failed to comply.

Later communications required schools to certify that they were not engaging in prohibited practices, again tying compliance to continued federal funding.

Several education organizations challenged the guidance, arguing that it exceeded federal authority and created confusion for schools attempting to comply with existing civil rights laws.

The Court’s Ruling

In August, a federal district court blocked the guidance, finding that it violated the First Amendment and federal procedural requirements. The court concluded that the policy created a chilling effect on speech by causing educators to reasonably fear that lawful instruction or programming could result in punishment.

The ruling applied to both the original guidance and the certification requirement sent to schools.

Earlier this month, the Department of Education moved to dismiss its appeal of that decision. As a result, the court’s ruling will stand.

With the appeal dismissed, schools and colleges will not face enforcement actions under the blocked guidance. Institutions may continue operating programs and educational practices consistent with existing federal and state law without the specific funding threats outlined in the challenged documents.

The ruling does not change civil rights law or Supreme Court precedent, nor does it mandate specific institutional policies. Instead, it clarifies that federal agencies must follow constitutional and procedural limits when issuing guidance tied to funding.

Educational institutions rely on clear, lawful guidance to serve students effectively. This decision reinforces the importance of transparency, due process, and free expression in education policy.

For students, educators, and administrators, the ruling provides stability and reduces uncertainty as schools continue their work supporting student learning, engagement, and academic success.

Education policy continues to evolve through legislation, court decisions, and administrative guidance. Future Black Leaders, Inc. remains committed to sharing accurate, nonpartisan information that helps students, families, and educators understand changes that affect educational access and opportunity.

We will continue monitoring developments and providing updates as new information becomes available.

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