State Superintendent of Public Schools Tony Thurmond is assuring California education leaders that they are in compliance with state and federal laws after the U.S. Department of Justice sent a letter to school districts asking them to certify that they are not allowing transgender students to compete alongside female students.

The letter dated June 2 claims that districts are “exposed to legal liability” for following a California Interscholastic Federation policy allowing students to participate in activities in a manner that is consistent with their gender identity, regardless of the gender listed in the student’s records. According to the letter, this policy would deprive female students of athletic opportunities on the basis of their sex and constitutes sex discrimination under the Equal Protection Clause. The letter further asks districts to certify by June 9 that they will not implement the policy.

“The DOJ assertions are not in themselves law, and the letter by itself cannot be an enforcement mechanism,” said Thurmond in a letter to district leaders. “The letter does not announce the passage of any new federal law.”

Thurmond also reminded education leaders that compliance with the Equal Protection Clause is already monitored annually through federal compliance monitoring process, and that the DOJ’s letter does not reference any new law that require another certification from LEAs.

The CIF policy is in accordance with a 2013 California law, AB 1266, which protects students from discrimination based on gender identity, and which requires that students be permitted to participate on athletic teams that are consistent with their gender identify.

The U.S. Justice Department has also sent letters of legal notice to California Attorney General Rob Bonta, Thurmond, Jurupa Unified School District, and the California Interscholastic Federation that it is opening an investigation to determine whether AB 1266 violates Title IX, the landmark federal civil rights law.