The Lyndon Baines Johnson Department of Education Building pictured on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom) 

The U.S. Education Department has agreed to delay for nearly two weeks enforcement of a disputed directive seeking to ban diversity, equity and inclusion practices, according to a court filing Thursday in the case challenging the order.

The agreement between the department and the groups suing it over the order pauses enforcement until after April 24. According to the agreement, states and local education agencies until then cannot be investigated or asked to provide certification that they are not using DEI, a term for race- and gender-conscious practices, in admissions, programming, training, hiring or scholarships.

Education Department spokeswoman Madi Biedermann said the department and the groups reached the agreement Monday.

An April 3 letter from the department demanded states and districts provide certifications they were complying with the order within 10 days or risk losing federal funding. That letter followed a February missive introducing the order.

The National Education Association and the American Civil Liberties Union sued in New Hampshire federal court last month to block enforcement of the directive.

“This pause in enforcement provides immediate relief to schools across the country while the broader legal challenge continues,” the NEA said in a Thursday statement.

In a written statement, Biedermann said the extension was due to what the department saw as states’ efforts to comply with the order.

“The Department extended the certification requirement on Monday in response to states’ good-faith inquiries to ensure compliance,” Biedermann wrote. “Having voluntarily extended the deadline, commonsense would dictate the Department would not take enforcement action until the deadline had passed.”

Court battle

The groups asked the court to issue an emergency ruling to block enforcement of the department’s order while the case is ongoing.

The agreement effectively grants that request without a court order.

“No school district, state agency, or higher education institution will face investigation or penalties for failure to return the challenged certification that diversity, equity, and inclusion efforts do not exist within their curriculums,” the NEA said.

The underlying lawsuit remains ongoing.

The suit challenges the department’s authority to impose restrictions on state K-12 curriculum and says the order limits academic freedom and restricts educators’ ability to teach.

Trump and DEI

President Donald Trump campaigned against progressive cultural positions, including how race, gender and sexuality are handled in public schools.

In the early months of his second presidency, the entire executive branch has moved to restrict DEI initiatives and education policy, which has long been a battleground for such issues, has been a focal point.

The administration has used antidiscrimination requirements to pursue restrictions on DEI initiatives in education, arguing that DEI discriminates against white students.

DEI programs “discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI,” Craig Trainor, the Education Department’s acting head of civil rights, said in an April 3 statement.