On August 14, 2025, the US District Court for the District of Maryland issued a landmark decision in American Federation of Teachers et al. v. Department of Education et al. (American Federation), vacating two controversial directives issued earlier this year by the US Department of Education (DOE): the February 14, 2025, Dear Colleague Letter from the Office for Civil Rights (OCR) and the April 3, 2025, Certification Requirement.1 US District Court Judge Stephanie Gallagher, who was appointed by President Trump during his first presidency, ruled that both actions violated the Administrative Procedure Act (APA), issuing the first definitive judicial decision among a wave of similar cases nationwide.
The Dear Colleague Letter sought to “clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance.” The subsequent Certification Requirement mandated that state education agencies ensure all school districts certify compliance with the Trump administration’s interpretation of Title VI or risk losing federal funding.
These directives were widely viewed as attempts to restrict diversity, equity, and inclusion initiatives in education. Several legal challenges followed. On April 24, 2025, the U.S. District Court for the District of New Hampshire granted a preliminary injunction blocking enforcement of the Dear Colleague Letter against the National Education Association and its affiliates. That same day, the U.S. District Court for the District of Columbia issued a nationwide preliminary injunction against the Certification Requirement.
Judge Gallagher’s ruling focused on procedural violations under the APA. She found that the DOE failed to follow required rulemaking procedures and issued the directives without adequate justification or public input. Judge Gallagher emphasized that these actions represented a change in federal education policy, creating confusion and fear among educators.2
While acknowledging First Amendment (free speech) and Fifth Amendment (due process) concerns, Judge Gallagher declined to interpret Title VI itself. Instead, she underscored the importance of procedural compliance, writing: “The administration is entitled to express its viewpoints and to promulgate policies aligned with those viewpoints. But it must do so within the procedural bounds Congress has outlined. And it may not do so at the expense of constitutional rights.”3
Judge Gallagher concluded that the harm to educators stemmed not from direct enforcement but from the threat of enforcement, which created a chilling effect on lawful and inclusive educational practices.4 This decision vacates both the Dear Colleague Letter and the Certification Requirement, effectively halting their enforcement.
If you have any questions regarding the content of this alert, please contact Buster Melvin, Higher Education Team co-leader, at emelvin@barclaydamon.com; Chloe Shortz, associate, at cshortz@barclaydamon.com; or another member of the firm’s Higher Education Team.
1 American Federation of Teachers, et al., v. Department of Education, et al., 2025 U.S. Dist. LEXIS 157166, (D. Md. Aug. 14, 2025).
2Id. at *111.
3Id. at *7.
4Id. at *111.