On June 3, 2026, the National Academy of Education (NAEd) filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit in E.K. v. Department of Defense Education Activity, opposing the Department of Defense Education Activity (DoDEA)’s censorship of curriculum, removal of books, and restriction of Advanced Placement Psychology content in schools serving the children of military families.
The brief explains that the DoDEA’s 161 pre-K -12th grade schools have long served a racially and culturally diverse student population and have been recognized for providing a high-quality education while narrowing racial and socio-economic achievement gaps. The challenged actions reverse that tradition by removing references to slavery, civil rights, race, ethnicity, immigration, diversity, sexual orientation, and gender identity from DoDEA school curricula and by banning nearly 600 books from their school libraries.
The NAEd brief draws on extensive interdisciplinary research demonstrating that inclusive curricula and pedagogical practices support students’ academic achievement, cognitive development, social and emotional wellbeing, reading comprehension, and preparation for civic life in a multicultural democracy. The brief also explains that DoDEA’s arbitrary censorship and removal of portions of the nationally adopted AP Psychology curriculum places DoDEA students at a disadvantage on AP exams, in college admissions, and in earning college credit.
“Children of military families deserve access to the full, rigorous, evidence-based education that prepares them for college, career, and civic life,” says Amy Stuart Wells, NAEd member. “The research is clear: students learn best when they can engage with accurate history, diverse perspectives, and books that reflect both their own experiences and the experiences of others. Censoring those materials does not create neutrality; it undermines learning.”
The NAEd brief supports the students and military families, represented by the ACLU, challenging DoDEA’s actions and underscores the educational harms caused by denying students access to information and differing viewpoints. As the brief explains, inclusive curricula are not peripheral to student success; they are central to how children learn, how they develop empathy and resilience, and how they prepare to participate in a multicultural democracy. The brief argues that these DoDEA policies deny the children of those who protect our freedoms their First Amendment Right to access information.
Numerous NAEd members and other experts provided invaluable assistance in the development of this brief. The NAEd Board extends its gratitude to all who contributed to this important effort. The Academy is especially grateful for the leadership of Amy Stuart Wells and the legal expertise and guidance provided by NAEd Deputy Director Amy Berman. Finally, the NAEd extends its deep appreciation to Public Counsel, including Mark Rosenbaum, Amanda Mangaser Savage, and Brittnee Bui, for their deep legal expertise, thoughtful partnership, and unwavering commitment to the students and families at the center of this case.
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