State Superintendent Chris Reykdal says school districts should not make policy changes to existing diversity, equity and inclusion (DEI) programs despite federal attempts to eliminate such programs and threats to take away funding.

Reykdal issued a statement through a news release Thursday, Feb. 20 from the state Office of Superintendent of Public Instruction (OSPI) in response to a Feb. 14 letter the U.S. Department of Education sent to colleagues throughout the nation.

The federal letter claims that DEI programs are discriminatory and illegal. To that end, the letter states that the department will begin, no later than Feb. 28, assessing compliance with applicable laws and regulations based on the policy positions detailed in the letter––and institutions that are found to be “out of compliance” may face a loss of federal funding.

“I want to be clear: Dear Colleague Letters do not hold the power of law,” Reykdal said. “The 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.’”

Reykdal said Washington state law has prohibited discrimination or preferential treatment in public education to any individual or group on the basis of race, sex, color, ethnicity, or national origin since 1998.

“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,” Reykdal said. “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 his team at OSPI continues to stay closely engaged with the state Attorney General’s Office, and is considering its legal options if any federal dollars are frozen or removed from Washington’s K–12 school system based on the letter.

“While the words have unfortunately been weaponized, diversity, equity, and inclusion have long been core components of our educational system,” Reykdal said. “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.”

The federal letter, signed by Craig Trainor, acting assistant secretary for Civil Rights United States Department of Education, included the following statement about reasons to eliminate DEI programs.

“In recent years, American educational institutions have discriminated against students on the basis of race, including white and Asian students, many of whom come from disadvantaged backgrounds and low-income families,” according to the letter. “These institutions’ embrace of pervasive and repugnant race-based preferences and other forms of racial discrimination have emanated throughout every facet of academia.”

The letter also went on to say:

“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” according to the letter. “Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of ‘diversity, equity, and inclusion (DEI),’ smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.”