WA schools superintendent resists Trump’s DEI order

SEATTLE – Washington’s state school superintendent will not sign the Trump administration’s order to end diversity, equity and inclusion practices in public schools, arguing that the state has already agreed to follow requirements spelled out in federal law.

Last week, the U.S. Department of Education threatened to withhold federal funding from any state education agency that doesn’t certify, within 10 days, that schools would not implement DEI programs.

In a letter to the federal education department, state Superintendent Chris Reykdal appears to question the legality of the order, writing that “states have the authority to adopt their own learning standards, curriculum, and instructional materials.”

In a statement issued Tuesday, Reykdal wrote that “In alignment with long-standing federal requirements, Washington has already submitted the mandatory assurances that our state will follow the legal mandates of Title VI.”

Later in the statement, he confirmed that the state will not fully comply with the order.

“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,” he wrote. “It would be irresponsible to do so.”

Federal officials cite a 2023 Supreme Court decision banning race-based affirmative action in college admissions to argue that DEI programs violate federal civil rights law, which prohibits discrimination based on race, color or national origin.

While the case did not address K-12 schools, the Trump administration argues that it is illegal to consider race in schools in any way, including programs that provide extra academic support for students of color.

“Our diversity provides opportunities for rich classroom discussions that inform and empower all students,” Reykdal’s statement read. “Washington will not suppress its core values or cede our right to determine our own education system to the federal government.”

In his statement, Reykdal denounced the Trump administration order.

“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.”

If the Trump administration does not accept Washington’s response, the state will join other Democratic-led states and cities like California, New York, Minnesota and Chicago in risking losing a substantial portion of its education budget, including federal Title I funds.

Title I is a large federal grant program that supports districts and schools with higher percentages of students from low-income families. Title I comprised almost 16% of total federal funds received by school districts in the 2023-24 school year, including funds received for meals, Medicaid and grants, according to the Washington State Office of Superintendent of Public Instruction.

Almost all districts in the state receive some Title I funding, but the amount differs greatly depending on the needs of the students in the districts. In some rural areas of the state, federal funding constitutes more than a third of school district budgets.

Legal experts, including Derek Black, an education law professor at the University of South Carolina, argue that the administration’s demand exceeds its authority. They point to federal law that explicitly prohibits the administration from dictating curriculum.

Black said the 1943 Supreme Court case West Virginia State Board of Education v. Barnette establishes that the First Amendment prohibits state and federal authorities from dictating what shall be established in schools.

“(This document) is crossing an enormous red line,” Black said. “If schools assent to that, then they are assenting to some public official to tell us what shall be orthodox in matters of politics, religion and opinion in schools.”

In February, after the administration sent a Dear Colleague letter demanding districts stop considering race in “all aspects of student, academic and campus life,” Reykdal encouraged schools to maintain “race-based” programs.

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

Since 1998, state law has barred discrimination or preferential treatment in public education for any person or group based on race, sex, color, ethnicity or national origin. In Washington, more than half of public K-12 and college students are people of color.

“We cannot allow the federal government to take money away from the state of Washington on a right that is clearly in the states and clearly in our local governments and communities,” Reykdal said in February.

Last week, school districts received a notice from OSPI stating that the agency was consulting with state and national partners about how to proceed and would offer guidance soon. But the notice said that school districts do not have to take any action related to the administration’s directive.

Highline Public Schools Superintendent Ivan Duran noted last week that Washington state law prohibits discrimination in public education and that OSPI has previously made it clear that districts should uphold state law and local district policies.

“We are doing exactly that,” Duran said in a statement.

Duran is concerned about the threat to funding but noted that it’s difficult to respond when there is no clear definition of what the federal administration means by DEI.

“Does that mean not supporting students with disabilities or learning differences? Not affirming multilingual learners? Not addressing opportunity gaps? Not providing dual-language programs?” Duran asked. “Our DEI work is about meeting the individual needs of students so they can thrive. These are not political beliefs – they are foundational values that guide how we serve our students.”

Black believes that states now have standing to file an injunction and sue the federal government.

“It is an astounding act of aggression against our democracy the likes of which I’ve never seen or heard tell of in the United States of America,” Black said.