Dear County and District Superintendents and Charter School Administrators:

Update Regarding Trump Administration’s Anti-Diversity, Equity, and Inclusion Directives and California’s Title VI Compliance

The purpose of this letter is to share updates regarding California’s ongoing compliance with Title VI of the Civil Rights Act and to affirm that it is not lawful for the federal government to restrict, pause, or rescind educational resources allocated by Congress outside of the statutory and constitutional processes for doing so. To reiterate our prior correspondence on this subject, there is nothing in state or federal law, including Title VI, that outlaws the broad concepts of diversity, equity, and inclusion practices, programs, instruction, or curriculum.

We are aware that the frequency and volume of federal communications related to diversity, equity, and inclusion have created uncertainty and confusion in the field. Below, we have compiled a summary of relevant events beginning with our response to the original February 14, 2025, Dear Colleague Letter (DCL) from the U.S. Department of Education (ED) and ending with significant, relevant events that occurred yesterday and today:

1. On February 21, 2025, we wrote to you about the ED February 14 DCL that suggested that schools and agencies should end any educational program or activity that acknowledges race or face potential revocation of federal funds: https://www.cde.ca.gov/nr/el/le/yr25ltr0221.asp. We noted that the DCL was not law, and that there is a legally mandated way to attempt to revoke federal funds, and that a DCL is not it.
2. On March 21, 2025, we wrote to you about a March 20 Executive Order (EO) that proposed to condition federal funding on compliance with the administration’s views on diversity, equity, and inclusion: https://www.cde.ca.gov/nr/el/le/yr25ltr0321b.asp. We noted that the EO is not law and in fact appeared to be in conflict with federal law prohibiting the federal government from conditioning education grants on specific curricular and instructional content.
3. On April 4, 2025, we wrote to you about the ED April 3 request that California sign and return a certification that the State and its local educational agencies (LEAs) comply with Title VI: https://www.cde.ca.gov/nr/fa/yr25cosoltr0404b.asp. We noted that California has already provided such assurances to ED and that LEAs in California have already provided such assurances to the CDE for the 2024–25 school year. We informed you that the CDE would respond to the ED on behalf of California and its LEAs by the requested date and that we would share a copy of our response with you.
4. On April 11, 2025, we shared with you California’s letter response to ED (at https://www.cde.ca.gov/nr/fa/yr25cosoltr0411.asp) regarding its April 3 certification request, noting that the necessary assurances had already been made by the state and its LEAs, and that, among other things, there is nothing in federal or state law, including Title VI, that outlaws diversity, equity, and inclusion practices, programs, instruction, or curriculum.
5. On April 22, 2025, ED sent another communication to all states, including California, regarding its April 3 certification request. As noted above, California had already responded to ED on April 11, 2025, on behalf of the State and its LEAs that the necessary assurances had already been provided to ED.
6. On April 24, 2025, in a case brought by the National Education Association, its New Hampshire affiliate, and the Center for Black Educator Development, a federal district court in New Hampshire issued an order preliminarily enjoining ED from “enforcing and/or implementing the Dear Colleague Letter issued on February 14, 2025,” against the plaintiffs, their members, and any entity that employs, contracts with, or works with one or more plaintiffs or one or more of plaintiffs’ members, including through the following:
   • February 28, 2025 “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act.”
   • The “End DEI” Portal.
   • The April 3, 2025, certification request.
7. Also on April 24, 2025, in a case brought by the NAACP, a federal district court in the District of Columbia issued an order preliminarily enjoining the ED from “implementing and enforcing” the April 3 certification request. The court ordered:
   • “The Enjoined Defendants shall not require any entity or individual subject to the [April 3] Certification to make any “certification” or other representation or assurance pursuant to the Certification. The Enjoined Defendants shall not impose any consequences on any entity or individual subject to the Certification for failing to submit a Certification. The Enjoined Defendants shall not initiate any enforcement action, including, but not limited to, a False Claims Act suit, against any entity or individual which has already submitted a Certification, arising out of any representation made or assurance given by such entity or individual in complying with the Certification.”
8. Today, a multi-state coalition of Plaintiffs, including California, filed a lawsuit against the ED in U.S. District Court in Massachusetts, also seeking to enjoin the ED from implementing or enforcing the April 3 certification request, identifying additional statutory and constitutional causes of action.

We will continue to keep the field apprised of the CDE responses to federal actions. An ongoing list of the CDE 2025 responses to federal actions is maintained on this CDE web page: https://www.cde.ca.gov/nr/fa.

Thank you for your continued hard work on behalf of all students in the State of California. As we at the CDE continue to focus on moving the needle for student achievement, we again commend all California school staff who are maintaining a local focus on the all-important task of serving our students.

If your LEA or school community experiences disruption or other direct impacts to educational services for students as a result of federal action, please continue to reach out to EdReliefFunds@cde.ca.gov.

Sincerely,

Signed by

David Schapira
Chief Deputy Superintendent
Chief of Staff
California Department of Education