LDF Reaffirms Schools’ Legal Right to Provide Equal Access and Opportunity to Students, Condemns Department of Education’s Latest Attempt to Distort Anti-Discrimination Law

Read a PDF of our statement here.

Today, the U.S. Department of Education sent letters to K-12 state education agencies threatening to withhold federal funding from public schools unless they verify that they comply with their incorrect interpretation of Title VI of the Civil Rights Act of 1964 and Students for Fair Admissions v. Harvard. This most recent announcement, which follows the federal agency's threatening 'Dear Colleague' letter on Feb. 14, and Frequently Asked Questions (FAQ) document released on February 28, aims to stifle school districts' lawful efforts to alleviate barriers to access and opportunity in education.

In response, LDF Director of Policy Demetria McCain issued the following statement:

"The Trump Administration's baseless directive to state education agencies to certify compliance with its faulty interpretation of Title VI is the latest in a series of attacks designed to undermine every student's right to equal opportunity and instill an environment of chaos, fear, and uncertainty among our nation's public schools. Contrary to this letter's vague and inaccurate language, many diversity, equity, inclusion, and accessibility efforts remain lawful.

"Neither today's letter nor the Department of Education's prior communications can rewrite Title VI, the Constitution, or other federal civil rights laws-and unlawful withholding of federal funding from schools can be challenged in court. It also cannot and does not create any new obligations under Title VI. Nevertheless, the Administration apparently hopes that this letter-which threatens schools not only with loss of funding, but lawsuits by private individuals for exorbitant damages-will push schools to shut down lawful programs.

"More than seventy years after the critical gains that followed Brown v. Board of Education, too many Black students still face persistent barriers to equal opportunity. Many of them continue to attend segregated schools where they lack access to proper funding, college preparatory courses, high quality instructional materials, and are subject to racially discriminatory discipline. For decades, schools across our nation have relied on diversity, equity, inclusion, and accessibility efforts to improve civil rights compliance and student outcomes. We must continue to fight for an equitable educational landscape in which all students can thrive."

Resources

• Civil Rights Organizations Call on U.S. Department of Education to Rescind "Dear Colleague" Letter (2.28.25)
• Sixty Civil Rights Organizations Call on U.S. Department of Education to Rescind "Dear Colleague" Letter, Cite Severe Inaccuracies and Threats to Equal Opportunity (3.25.25)