From the SAU - For Immediate Release

Six  School Districts Will Join Lawsuit
Challenging Unlawful Attack on Education Equity 

For Immediate Release: April 11, 2025
Contact: Ari Mischik, ariana@aclu-nh.org 

CONCORD, N.H. - Six school districts will join the federal lawsuit being brought against the U.S. Department of Education’s threats to cut the federal funding of education institutions nationwide for engaging in diversity, equity, and inclusion in their curriculums and programming. The six school districts/cities joining the lawsuit are Dover, Hanover, Oyster River, Portsmouth, Somersworth, and Norwich, VT. 

The lawsuit challenges the U.S. Department of Education’s Feb. 14, 2025, Dear Colleague Letter and its implementation, including the April 3, 2025, Certification Requirement. Following a hearing on the plaintiffs’ motion for emergency relief on April 9, the parties announced that they reached an agreement that temporarily prevents the U.S. Department of Education from taking any enforcement action under either directive until the court rules on their legality in the preliminary injunction motion by April 24, 2025. The parties will be back in court next week on April 17, 2025, at 10:00 a.m. 

The lawsuit was brought on March 5 by the American Civil Liberties Union, the ACLU of New Hampshire, the ACLU of Massachusetts, the National Education Association (NEA), and the National Education Association–New Hampshire. The Center for Black Educator Development is also a plaintiff in the case.  

Christine Boston, the Assistant Superintendent for the Dover School District said, “Diversity, Equity and Inclusion are important pillars of public education.  We strive to support ALL students every day. In Dover, our core values include Diversity, Opportunity, Voice, Engagement and Rigor and we work tirelessly to ‘empower all learners’ regardless of race, disability, socioeconomic status or gender.  Indeed, the educator Code of Ethics in New Hampshire requires educators, under Principle III - Responsibility and Commitment to the School Community, to ‘commit to equality, equity and inclusion of staff, students and other members of the school community.’ I am proud that Dover School District produces students who are not only academic learners but dynamic global citizens adept at the skills they need to live in a diverse society. The Dear Colleague Letter, through its vaguely worded prohibitions, threatens the essence of what keeps our learning environment a place where all students and staff are welcomed and succeed.”

Dr. Jay Badams, the Superintendent of Schools for the Hanover and Dresden School Districts, said, “In the Hanover and Dresden School Districts, diversity, equity, and inclusion are fundamental values that are embedded into the fabric of our curriculum, educational practices, and extra-curricular offerings by virtue of our mission and community-supported policy to promote equity in our schools. The U.S. Department of Education’s unclear ban on DEI undercuts our ability to adequately meet the needs of our students and overrides our communities’ decision to uphold these values in our public schools. Our Districts look forward to standing by those values in Court.”

Dr. Robert Shaps, the Superintendent of Schools for the Oyster River Cooperative School District (ORCSD), said, “The ORCSD School Board and District believe the federal government’s recent unprecedented effort to limit local control of education directly conflicts with our mission and values and will compromise our children’s learning. We are committed to creating an inclusive learning environment where teachers and students engage in a diverse exchange of ideas, freedom of expression and thought, and the exploration of topics and subject matter that reflect our commitment to a broad and comprehensive education. We take seriously our civic responsibility to advocate for our students, teachers, and families to ensure that we can offer a high-quality education for all students and create the conditions in schools where everyone is respected, valued, and appreciated. We hope joining the NEA v. ED federal lawsuit will support a democratic, informed, and engaged community as we work together to protect our children’s future.” 

Zach McLaughlin, the Superintendent of Schools for the Portsmouth School Department, said, “As school districts across New Hampshire and the country struggle to respond to this vague and coercive request from the U.S. Department of Education, I am proud to live and work in a community that puts the delivery of an excellent education rooted in creating a deep sense of belonging for all of students as a priority that cannot be compromised. Our district and city leaders look forward to working with the ACLU and our partner districts to seek assistance from the federal courts. Portsmouth is the ‘City of the Open Door,’ and with this step, we once again show those values.”

John Shea, the Superintendent for the Somersworth School District, said, “Through this Dear Colleague Letter, the U.S. Department of Education has left my District – and others throughout New Hampshire and the country – with ambiguous threats about possible funding loss and/or legal action for things we do related to diversity, equity and inclusion.  Because of the ambiguities of this Letter, we have no way of knowing whether the critical work we do to provide equitable opportunities for our students is covered.  And if we guess wrong about what’s covered and what’s not, federal funding is on the line.  I am proud to stand up on behalf of the Somersworth School District – and alongside districts throughout New Hampshire – to challenge the untenable position this Letter puts school districts in and to ensure that the educators in our schools can provide the equitable opportunities that all of our students deserve and to which they are entitled.”

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