Dover School District joins lawsuit against federal education directive

posted on 4/16/2025

The Dover School District last week joined other New Hampshire school districts in a federal lawsuit against a U.S. Department of Education directive stating it will withhold federal funding from education institutions if they do not comply with directives related to civil rights law and diversity, equity, and inclusion initiatives. The Dover School District is emailing a letter about the lawsuit to student families.

The lawsuit was filed on March 5 in the New Hampshire District Court by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Massachusetts, the National Education Association, and NEA-New Hampshire against the U.S. Department of Education, Secretary of Education Linda McMahon, and Acting Assistant Secretary of Education Craig Trainor, who authored a “Dear Colleague Letter” on Feb. 14, 2025, which prompted the lawsuit. In addition to Dover, Oyster River, Somersworth, Portsmouth and Hanover/Dresden school districts are also joining the lawsuit, according to the ACLU-NH and news reports. Also joining the case is the Center for Black Educator Development.

The Dear Colleague Letter states, “All educational institutions are advised to: (1) ensure that their policies and actions comply with existing civil rights law; (2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and (3) cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race. Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.”

The ACLU lawsuit also challenges a U.S. Department of Education certification requirement, stated in a April 3, 2025 press release, “ED requires K-12 school districts to certify compliance with Title VI and Students v. Harvard as a condition of receiving federal financial assistance.”

According to ACLU-NH, the lawsuit challenges the U.S. Education Department’s directive on multiple legal grounds: “Specifically, the lawsuit argues that (the Education Department) has overstepped its authority by imposing unfounded and vague legal restrictions that violate due process and the First Amendment; limiting academic freedom and restricting educators’ ability to teach and students’ right to learn; and unlawfully dictating curriculum and educational programs, exceeding its legal mandate.”

For more information, contact the Dover School District at 603-516-6800.