Dear County and District Superintendents and Charter School Administrators:

Continuity of Federal Laws Governing Educational Programs

This letter consolidates relevant information that should be of use to local educational agencies (LEAs) when making sense of recent federal actions and communications about education funding, programs, and agencies from the federal administration.

On February 14, 2025, the U.S. Department of Education (ED) Office of Civil Rights (OCR) published a Dear Colleague Letter (DCL)(1) that suggested that schools and agencies should end any educational programs or activities that acknowledge race within 14 days or face potential revocation of federal funds. On February 21, 2025, I sent you a clarification letter (Clarification) regarding that DCL, emphasizing that there is a legally mandated pathway to attempt to revoke federal funds, and that a DCL is not it.(2)

On March 20, 2025, the Trump administration issued an Executive Order (EO) proposing to condition federal funding for education on compliance with the administration’s views on diversity, equity, and inclusion.(3) This order is also not law, and, in fact, it appears to be in direct conflict with existing federal law. The “Every Student Succeeds Act,” or ESSA, states that the federal government cannot condition education grants on a school having specific curricular content.(4)

As we advised in the Clarification, and as the DCL itself acknowledges, the DCL “does not have the force and effect of law and does not bind the public or create new legal standards.”(5) Likewise, the EO states that it “shall be implemented consistent with applicable law.”

Neither the DCL nor the EO are, by themselves, enforcement mechanisms. Title VI enforcement is governed by federal regulations that require ED to take specific steps before taking enforcement actions. For example, ED may not suspend, terminate, or refuse to grant or continue federal financial assistance until it has provided the recipient with notice of noncompliance,(6) determined that compliance cannot be secured through voluntary means,(7) provided an opportunity for a hearing,(8) made an express finding of noncompliance on the record,(9) filed a written report with Congress,(10) and waited 30 days after filing the report.(11)

The ED Office of Civil Rights has the authority to conduct periodic compliance reviews(12) and directed investigations(13) of Title VI compliance absent a specific complaint. ED also has authority to investigate a specific complaint.(14) When ED investigates a potential civil rights violation, it follows a formal process.(15) On February 28, 2025, ED acknowledged that if it finds noncompliance, it will attempt to secure willingness to negotiate a voluntary resolution agreement prior to seeking possible administrative or judicial enforcement.(16)

On March 5, 2025, a multistate group of Attorneys General, including California’s Attorney General, issued helpful guidance about the legal support for continuing to foster diversity, equity, inclusion, and accessibility in school programming.(17)

As noted above, federal laws that directly impact California schools have not been changed by the Dear Colleague Letter, its FAQs, or the EO.

Sincerely,

Tony Thurmond
State Superintendent of Public Instruction

Footnotes:

1. The ED Dear Colleague Letter (DCL) dated February 14, 2025, is available at https://www.ed.gov/media/document/dear-colleague-letter-sffa-v-harvard-109506.pdf.
2. The California Department of Education “Clarification Regarding the February 14 ‘Dear Colleague Letter’ from the United States Department of Education,” dated February 21, 2025, is available at https://www.cde.ca.gov/nr/el/le/yr25ltr0221.asp.
3. The Executive Order, “Improving Education Outcomes by Empowering Parents, States and Communities,” is available at https://www.whitehouse.gov/presidential-actions.
4. Title 20, United States Code, Section 7906a; see also Executive Order 13791, “Enforcing Statutory Prohibitions on Federal Control of Education,” citing this statute in support of federal policy that protects state and local control over curriculum and prohibits ED from exercising control over curriculum. 82 Federal Register 20427 (April 26, 2017).
5. Clarification at p. 1; DCL at p. 1, footnote 3.
6. 34 C.F.R. 108(c)(1); Title 20, United States Code, Section 1232i(b)(1).
7. 34 C.F.R. 108(c)(1).
8. 34 C.F.R. 108(c)(2); Title 20, United States Code, Section 1232i(b)(2).
9. 34 C.F.R. 108(c)(2); Title 20, United States Code, Section 1232i(b)(3).
10. 34 C.F.R. 108(c)(3).
11. 34 C.F.R. 108(c)(3).
12. 34 C.F.R. 107(a).
13. 34 C.F.R. 107(c).
14. 34 C.F.R. 107(b).
15. The current OCR Case Processing Manual is available at https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/ocrcpm.pdf.
16. “FAQs about racial preferences and stereotypes under Title VI of the Civil Rights Act” at p. 9, Q 14, available at https://www.ed.gov/media/document/frequently-asked-questions-about-racial-preferences-and-stereotypes-under-title-vi-of-civil-rights-act-109530.pdf.
17. https://oag.ca.gov/system/files/attachments/press-docs/March 5 2025 Updated Joint Guidance re School Programs Multistate.pdf.