Dear County and District Superintendents, Charter School Administrators, School Principals, and Early Education Directors:

Clarification Regarding the February 14 “Dear Colleague Letter” from the United States Department of Education

As information and updates continue to come out of Washington, D.C., I want to be clear:

At the California Department of Education (CDE), we are focused on moving the needle for student achievement no matter what. We are committed to providing our local educational agencies (LEAs) with clarity and support in these rapidly changing times so that our educators can continue to focus on what is working in our local schools.

Many questions have emerged from the February 14 “Dear Colleague Letter” sent by the United States Department of Education Office of Civil Rights, which suggests that schools and agencies should end any educational program or activity that acknowledges race within 14 days or face potential revocation of federal funds. There is an important set of facts that we want to make sure all LEAs are aware of as you work to determine your local response:

1. A Dear Colleague Letter is not law and cannot by itself be an enforcement mechanism. The February 14 Dear Colleague Letter does not announce any new laws enacted by Congress. In fact, the Dear Colleague Letter even states, “This guidance does not have the force and effect of law and does not bind the public or create new legal standards.”
   
   
2. There is a legally mandated pathway to attempt to revoke federal funds; a Dear Colleague Letter is not it. According to federal law, the Education Department may not suspend, terminate, or refuse to grant or continue federal financial assistance until it has:
   
   
   • notified the recipient of noncompliance,
   • attempted to secure compliance through voluntary means and determined that this is not possible,
   • provided an opportunity for a hearing and made an express finding of noncompliance on the record,
   • filed a written report with Congress, and
   • waited 30 days after filing the report.
     
     
3. Existing laws already prohibit discrimination or preferential treatment in public schools, including on the basis of race, ethnicity, nationality or immigration status; religion; disability; and gender, gender identity, gender expression, and sexual orientation.
   
   
4. At this point, the United States Department of Education has not taken any specific action in relation to their Dear Colleague Letter, but we and other California state agencies are closely monitoring the situation and will consider legal action should the federal government attempt to freeze or cut funding based on this letter.

I am continually grateful to our local leaders for your steadfast work in the face of increasing challenges. If there are any impacts of federal actions to your school, district, or county office of education, especially if there are now unmet needs for essential educational services, please notify the appropriate program office at CDE.

Sincerely,

Tony Thurmond
State Superintendent of Public Instruction

TT:es