Washington schools chief says no to Trump, yes to DEI

Washington’s top education leader says he won’t sign the U.S. Department of Education’s recent letter ordering K-12 schools to certify they’re in compliance with federal civil rights laws and are halting any “illegal” diversity, equity, and inclusion programs.

The letter, sent to school leaders across the nation late last week, threatens to withhold federal funding from schools for “any violation” of civil rights law — including DEI programs that “advantage one race over another.” It also requires schools to sign the certification and return it to the department within 10 days.

RELATED: Education Dept. warns schools: Eliminate DEI programs or lose funding

In a statement Tuesday, state Superintendent Chris Reykdal blasted the letter and questioned the department’s legal authority to issue it.

“This is the latest attack against the rights of states to have civil rights frameworks that exceed the federal minimum standards,” Reykdal wrote. “This is also an attempt to erase diversity, equity, and inclusion (DEI) practices that, for decades, have helped bring greater opportunities to more students.”

RELATED: How is Trump's crackdown on DEI affecting your school? KUOW wants to hear from you

This order from the federal education department comes more than a month after it sent colleges and K-12 schools nationwide a “Dear Colleague” letter giving leaders two weeks to halt all race-based programs — or risk the potential loss of federal funding. These programs include things like scholarships, financial aid, hiring and admissions practices, affinity groups, and graduation ceremonies.

It also follows President Donald Trump’s executive order on his first day back in the White House, which called for the termination of all DEI and accessibility mandates, policies, programs, preferences, and activities in the federal government and federally-funded institutions.

Reykdal has been critical of those efforts and, in the weeks since, has continued to advise districts to not make any changes.

RELATED: ‘We are not going backward.’ Washington schools chief tells districts to maintain DEI programs despite Trump threat

In response to the feds’ latest schools order, Reykdal said Tuesday that Washington, “in alignment with long-standing federal requirements,” has already submitted mandatory assurances to the department that the state will follow Title VI. It’s part of the Civil Rights Act of 1964 and prohibits discrimination on the basis of race, color, and national origin in all federally-funded programs and activities.

The department’s recent request for recertification is “unusual,” Reykdal said, especially “in the middle of the funding award period,” and “should be approached with caution.”

“We will not sign additional certifications that lack authority, lack clarity, or are an assault on the autonomy of states and local school districts by misapplying a higher education admissions case,” Reykdal said. “It would be irresponsible to do so.”

Reykdal is referring to the landmark 2023 Supreme Court ruling against race-conscious admissions processes. The Trump administration has applied the ruling more broadly to K-12 schools and DEI initiatives in recent months.

RELATED: What does SCOTUS’ ruling against affirmative action mean for WA?

Instead of signing the certification, Reykdal sent a letter to the department Tuesday assuring the state’s compliance with existing federal laws and the certification process.

In the letter, Reykdal writes that “states have the authority to adopt their own learning standards, curriculum, and instructional materials” and said DEI represents “core values in Washington’s education system.”

“We will not suppress or cede that to the federal government,” he wrote.

Washington state received $1.4 billion from the federal government for education last school year, not including Covid relief funds, according to Reykdal’s office. On average, that amounts to only about 7% of Washington school districts’ revenue.

Still, the loss of that funding could have big implications for school districts — especially as many of them have faced growing financial woes in recent years.

Reykdal’s statement Tuesday did not address how his office would react if the feds go through with threats to pull funding. But Reykdal has said his office “is prepared to take legal action if any federal dollars are paused, withheld, or removed from any of our public schools.”