ED threatens funding to schools with DEI programs
State superintendent: ‘Dear Colleague Letter is not law’
March 3, 2025
The California Department of Education and State Board of Education are advising school leaders to continue complying with state and federal laws after federal officials made statements suggesting schools with race-related programs could have their funding revoked.
In a Feb. 14 “Dear Colleague” letter, Acting Assistant Secretary for Civil Rights Craig Trainor outlined the U.S. Department of Education’s interpretation of federal law, which called out diversity, equity and inclusion, and other school activities that have “toxically indoctrinated students.”
“The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions. The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.”
The letter advised educational institutions to ensure their policies and actions comply with the law within 14 days and suggested that compliance is a condition of federal funding.
ADVERTISEMENT
In response, State Superintendent of Public Instruction Tony Thurmond issued a clarification to California school leaders on Feb. 21 to address concerns they may have about the letter.
“A Dear Colleague Letter is not law and cannot by itself be an enforcement mechanism,” Thurmond said. “The February 14 Dear Colleague Letter does not announce any new laws enacted by Congress.”
Thurmond also said there is a legally mandated pathway to attempt to revoke financial funding and “a Dear Colleague Letter is not it.”
In addition, the CDE and State Board of Education issued a joint statement to clarify that federal law remains unchanged.
“Federal laws regarding public education remain unchanged, as executive orders and memos cannot modify or override statutory requirements or regulations or unilaterally impose new terms on existing agreements,” the statement reads. “California remains focused on moving the needle for student achievement, and we encourage all California educators, students, and families to remain focused on what is working in their local communities.”
Read Thurmond’s full response on the ACSA Resource Hub at content.acsa.org/cde-responds-to-dear-colleague-letter.
ADVERTISEMENT