Administration declares DEI programs discriminatory; state superintendent advises schools to hold their ground
The U.S. Department of Education issued a “Dear Colleague” letter warning that K–12 schools and universities could face federal funding cuts if they fail to comply with the Trump Administration’s stance that diversity, equity and inclusion — DEI — programs violate the Civil Rights Act and are discriminatory. Despite this, regional school district superintendents remain committed to fostering inclusivity and continue to look to the Office of the Superintendent of Public Instruction (OSPI) for guidance.
On Feb. 14, schools received a letter from Craig Trainor, acting assistant secretary for civil rights at the Department of Education, outlining the Trump administration’s stance on nondiscrimination obligations for schools that receive federal funding. The letter cites Title VI of the Civil Rights Act of 1964 and references the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard, which struck down race-based college admissions policies.
The letter states that schools providing DEI programming are discriminatory in nature because they prefer and stigmatize “certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not.”
The letter ends by asserting that the department will “take appropriate measures to assess compliance with the applicable statutes and regulations” no later than Feb. 28. Schools and institutions that do not comply could risk losing federal funding.
‘Public education is a civil right in our country, and that in itself is DEI.’
However, the letter clarifies that it “does not have the force and effect of law” but is rather “designed to provide clarity to the public regarding existing legal requirements under Title VI, the Equal Protection Clause, and other federal civil rights and constitutional law principles.”
Not binding
Recognizing this, local schools remain firm in their responses: the letter is not legally binding; they will wait for direction from OSPI before changing any policies and procedures and maintain adherence to policies and practices that are consistent with state law.
On Feb. 20, State Superintendent of Public Instruction Chris Reykdal issued a statement to Washington K–12 schools, reinforcing that they should not change their policies based on the letter.
“I’ve advised Washington’s school districts that they should not make changes to their existing policies, practices and programming in accordance with this letter. There are legal paths for the federal government to restrict federal funding, and a Dear Colleague Letter is not one of those paths,” Reykdal said.
He also defended the state’s commitment to DEI.
“While the words have unfortunately been weaponized, diversity, equity and inclusion have long been core components of our educational system. These principles are the reason we provide a high-quality public education to all young people from all backgrounds and walks of life. Public education is a civil right in our country, and that in itself is DEI. I’m proud of the work we’ve done in Washington state, and we are not going backward,” Reykdal said.
At this time, specifics are unknown as to what DEI policies and programming would be directly impacted in the event of federal funding cuts.
Possible loss of funding
Although the letter itself holds no legal weight, schools face concerns over the possibility of losing federal funding.
“I am deeply concerned that a loss of funding will place additional strain on our already underfunded schools, making it even more challenging to meet the needs of our students to the fullest extent,” Justin Irish, superintendent of the Anacortes School District, wrote in an email.
Federal funding makes up approximately 3.4% of the district’s budget, totaling $1.7 million. These funds support breakfast and lunch programs, multilanguage services, student intervention programs for academics and behavior, special education services and professional development for staff, Irish said.
“Without federal funding, we will be forced to reduce even more services to students than we had already planned,” he said.
Greg Baker, superintendent of Bellingham Public Schools (BPS), released a statement on Feb. 20 affirming the district’s commitment to following guidance from the state superintendent and continuing to monitor federal actions.
BPS receives approximately $10 million in federal funding, making up about 4.8% of its budget. Nearly half of these funds support special education services across the district and the USDA food program. The remaining funds are allocated to Title I schools, specialized staffing for mental health and multilingual learner support, staff professional development, and career and technical education programs, Dana Smith, public information officer of BPS, wrote in an email.
“Removal of federal funds would be devastating to all school districts across the nation,” Smith said. “There is not a current plan that would replace this level of dollars. We do not expect the federal government to withdraw all funding to support K-12 education.”
Similarly, federal funding makes up 4% of the San Juan Island School District’s overall budget — over $600,000. Of these funds, 60% goes toward special education and title services, which pay for staffing and supplies to support students with unique needs, superintendent Fred Woods wrote in an email. The remaining 40% funds food service and smaller grants.
“We have not established a scenario in our budgeting process to operate without these funds at this time,” Woods said. “Even though this is only 4% of the budget, the extent of the impact on a small school such as ours would be difficult to overcome.”
Federal funding plays a significant role in Washington’s K–12 education system. According to Washington State Fiscal Information, schools received approximately $1.5 billion in federal funds for the state’s 2024–2025 education budget.
In the 2021–2022 school year, about 12.4% or 1 in 8 dollars of Washington public school funding came from federal funds — a lower share than the national average of 13.7%, according to USA Facts.
Looking ahead
For now, Washington K–12 schools are holding their ground, choosing to follow state law and guidance from OSPI.
In Bellingham, families have reached out to the district, asking how they can help — whether by contacting legislators or voicing their concerns, Smith said.
“We really appreciate the concern and care we have heard from our community,” Smith said.
To comment on the “Dear Colleague” letter, email OCR@ed.gov or write to the following address: Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202.
— By Sophie Cadran