The United States Department of Education (ED) sent a “dear colleague” letter to schools nationwide on Feb. 14 threatening to withhold federal funding if they did not dismantle their diversity, equity and inclusion initiatives.

The letter claimed that schools have “discriminated against students on the basis of race” through DEI programs, Affirmative Action and other efforts to address historical inequities. According to the Department of Education’s new reading of the Civil Rights Act, schools that do not eliminate these programs will be considered in violation of  Title VI and risk losing federal funding..

The new policy is based on an expansive interpretation of the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard, which banned consideration of race as a factor in college admissions. The Department of Education will begin assessing institutions’ compliance on Feb. 28, 14 days after the initial letter as sent. 

San Diego Community College District Chancellor Greg Smith pushed back in a statement shared with faculty and staff on Wednesday.

Story continues below advertisement

“The letter calls out programs conducted under the heading of diversity, equity, and inclusion as violating federal law. This assertion is false,” Smith said in the email.

Smith said that the district abides by all federal anti-discrimination requirements, plus others created by state law. 

“I am confident all our programs are compliant with the law and we will continue to operate all our programs and services without interruption,” Smith’s statement read. 

Smith assured the SDCCD community that he would work with the Board of Trustees to find solutions to any funding disruptions that may come. 

City College President Ricky Shabazz said in an email to City Times that the letter was a “distraction” from the school’s mission of serving its students.

Shabazz also pointed out the unprecedented use of a “dear colleague” letter to establish law.

“(A ‘dear colleague’ letter) is not ever intended to be a substitute for the law. I believe many of these attempts will be decided by the courts,” Shabazz said in the email. “All of these efforts offer a deeper look and understanding of how the three branches of government actually work. Congress and the courts established law, not the president.”

Shabazz emphasized that the district and the college are committed to serving its diverse student population.

Section editor Keila Menjivar Zamora contributed to this report.