Washington schools are waiting for legal guidance after a Friday, Feb. 14 letter from the Department of Education threatened to pull federal funding from schools that continue to consider race in any decisions or practices.
In the letter, which sparked concern among educators around the nation, the Department of Education’s acting assistant secretary for civil rights, Craig Trainor, interpreted a 2023 Supreme Court decision that ended affirmative action as applying to all cases in which an “educational institution treats a person of one race differently than it treats another person because of that person’s race.” That includes decisions on admissions, hiring, promotion, housing, financial aid, campus life and more, with the letter specifically citing race-separated graduations and dormitories.
Trainor said that the department will “take appropriate measures to assess compliance” from all educational institutions and state educational agencies receiving financial assistance beginning no later than Feb. 28, “including antidiscrimination requirements that are a condition of receiving federal funding.”
The letter isn’t legally binding, but states that “additional legal guidance will follow in due course.”
State Superintendent Chris Reykdal, in a statement released Thursday, Feb. 20, advised Washington’s school districts to not make changes to existing practices due to the letter.
For more than two decades in Washington, affirmative action has been prohibited in public institutions, after voters approved an initiative in 1998.
“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.
OSPI and the Attorney General’s office are considering legal options if federal dollars are frozen or removed due to this letter.
“While the words have unfortunately been weaponized, diversity, equity, and inclusion have long been core components of our educational system,” Reykdal wrote. “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.”
At Western Washington University, Chief Diversity Officer Jacqueline Hughes, in a letter issued Thursday, Feb. 20, said the university will “wait for further guidance … before assessing any necessary changes to our policies and practices.”
“Nonetheless, we are actively reviewing this guidance in collaboration with peer institutions and the state Attorney General’s Office to understand any broader implications for WWU policies and practices,” Hughes wrote. “We will also monitor any legal challenges which may delay implementation or alter enforcement policies.”
Hughes said Western remains committed to “ensuring that every student — regardless of background —can succeed and thrive, and that every employee has the opportunity to contribute their full potential in a respectful work environment.”
Charlotte Alden is CDN’s general assignment/enterprise reporter; reach her at charlottealden@cascadiadaily.com; 360-922-3090 ext. 123.
