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Legal & Employment Guidance

NEA Defends Inclusive Education and Wins – What you Need to Know

Three court rulings uphold schools' rights to continue to provide an inclusive curriculum, teach the full history, and support students in accordance with their needs.
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Published: June 3, 2025

In response to lawsuits filed by NEA and other organizations, last month three different courts blocked the Trump administration’s efforts to restrict academic freedom and educational opportunity by silencing educators’ efforts to reach all students no matter their zip code, race or gender. 

The rulings are a major victory for students and educators and a blow to the Trump Administration’s anti-diversity, equity, and inclusion directives in K-12 schools as well as colleges and universities. The courts’ decisions block the U.S. Department of Education’s unprecedented threat to withhold federal funds from states and school districts that refuse to bow to the unlawful bans related to diversity, equity, and inclusion. 

With this victory, these are the three key takeaways 

  1. Schools can – and should – continue to educate all students without fear of retaliation threatened by the Trump administration. The rulings empower states, universities, colleges, and K-12 public school districts and schools to continue to advance educational opportunities through diversity, equity, and inclusion programs. 
  2. The U.S. Department of Education cannot, by law, dictate to educators and schools what curriculum to teach nor censor the viewpoints with which it disagrees. Schools can continue to provide an inclusive curriculum, teach the full history, and support students in accordance with their needs. 
  3. The “End DEI” portal has been taken down. The U.S. Department of Education cannot enforce its directive against schools as spelled out in its February 14 “Dear Colleague” letter and cannot require schools to certify agreement with its anti-diversity, equity, and inclusion positions.

What happens next?  

Where schools or colleges had halted or shelved such efforts, affiliates and advocates should demand their reinstatement. Students, families, and educators should call on schools and colleges to loudly and proudly affirm freedom of speech and the importance of such approaches.

Use this template letter to tell schools that they have a responsibility to reinstate any programs or policies that may have been eliminated in anticipation of the directives from the Trump administration or as a result. 

What if my school district refuses to accept the legal rulings and restore inclusive policies and programs at my school? 

If a school refuses or is continuing to do away with diversity, equity, and inclusion programs or is acting on any “EndDEI”  portal reports, tell us about it here: https://app.smartsheet.com/b/form/9d25f3aa26054fdeb9d412ee3cf52322.

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Educator Rights to Create an Inclusive Classroom

Educators often use decorations to set the tone for their classrooms, school buses, lunchrooms, and other workspaces. You can use your work environment to show support for students of all backgrounds—for example, by hanging a Pride flag. However, schools can control these messages, and displays that include religious, political, or controversial messages should not be posted unless there is a clear district policy allowing those or similar displays.
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Great public schools for every student

The National Education Association (NEA), the nation's largest professional employee organization, is committed to advancing the cause of public education. NEA's 3 million members work at every level of education—from pre-school to university graduate programs. NEA has affiliate organizations in every state and in more than 14,000 communities across the United States.