Today, a group of civil rights organizations sent a letter to the U.S. Department of Education calling on the federal agency to rescind a “Dear Colleague” letter threatening to terminate federal funding to schools that engage in diversity, equity, inclusion, and accessibility efforts, citing its misinterpretation of federal civil rights law and threats to equal opportunity in preschool, K-12 schools and higher education institutions. The organizations assert that the letter mischaracterizes federal civil rights law and threatens to undermine every student’s right to fairly access educational resources. The civil rights organizations include the Legal Defense Fund (LDF), Asian Americans Advancing Justice (Advancing Justice – AAJC), LatinoJustice PRLDEF, The Leadership Conference on Civil and Human Rights, the National Center for Lesbian Rights (NCLR), and the National Women’s Law Center.
The organizations explain that the “Dear Colleague” letter issued by the Department of Education on February 14, 2025, grossly misstates federal law in order to slow down or completely stop lawful efforts to ensure fair and equal access to resources and opportunities for students. The organizations assert that the “Dear Colleague” letter cannot rewrite the U.S. Constitution, Title VI, and other federal civil rights laws and emphasizes that unlawful attempts to withhold federal funding from schools can be challenged in court.
“The Department of Education’s charge requires it to enforce and uphold federal civil rights law for America’s students,” said Demetria L. McCain, Director of Policy at the Legal Defense Fund. “Its ‘Dear Colleague’ letter is a clear misinterpretation of these laws designed to sow confusion and ignite fear. The overreaching letter threatens to undermine key protections for America’s most vulnerable students – including Black and other students of color; LGBTQ+ students; girls; and students with disabilities – and to erode decades of progress aimed at ensuring access and opportunity for all. We call upon the agency to rescind this guidance and not abandon its responsibility to ensure all students have the resources and funding they need to succeed.”
“The Department of Education’s ‘Dear Colleague’ letter is based on the false and problematic idea that policies meant to counter barriers to educational equity and access disadvantage White and Asian students,” said John C. Yang, President and Executive Director of John C. Yang, President and Executive Director of Asian Americans Advancing Justice – AAJC. “It is a blatant attempt to further divide marginalized communities and disregards the very real systemic racism that continues to harm Black and Brown communities. We know that anti-Asian hate continues to be a problem – however, we stand against the use of anti-Asian rhetoric for political gain and to justify the reversal of federal civil rights protections. Our organization remains committed to ensuring that all our children have equal opportunities to thrive in and out of the classroom.”
“Education is a pathway to opportunity for all, not a privilege for the few,” said Francisca Fajana, Director of Racial Justice Strategy, LatinoJustice PRLDEF. “We call on the Department of Education to rescind this misguided letter and uphold its duty to protect the civil rights of every student in this nation.”
“Using the Office for Civil Rights to censor our curriculum, make our communities invisible, erect new barriers to our education, and throw our classrooms into chaos is a betrayal of our laws and constitution,” says Liz King, Senior Director for Education Equity at The Leadership Conference on Civil and Human Rights. “Students are still hearing racial epithets on the schoolyard, losing out on the chance to learn higher level math and science, and going years without seeing a teacher who looks like them – these are the problems OCR should be focused on. Diversity, equity, inclusion, and accessibility are core American values and central to protecting students from discrimination and providing a high-quality education. The Department of Education must rescind this erroneous ‘guidance’ now and do the actual work of protecting civil rights and ensuring a quality education for every child.”
“NCLR is a feminist organization committed to fighting for the right of every student to access education free from discrimination,” said Imani Rupert-Gordon, President, NCLR. “We condemn the OCR’s ‘Dear Colleague’ letter’s disregard for long-standing protections and principles of anti-discrimination law, and contempt for the rights of girls, students of color, LGBTQ+ students, and students with disabilities.”
“The role of the Department of Education’s Office for Civil Rights is to enforce civil rights laws for all students – not just for those who conform to stereotypes held by the sexist and racist extremists running this administration,” said Emily Martin, Chief Program Officer at the National Women’s Law Center. “What the OCR has outlined in its letter is unlawful, period, and a pitiful attempt to ignore well-established civil rights laws. It threatens to reverse decades of progress and federal protections to promote learning environments where all students can learn free from discrimination based upon their race.”
Read the fact sheet regarding the “Dear Colleague” letter here.
