Recent "Dear Colleague" Letter from the Department of Education
Dear SMCCCD Community,
You may have seen the February 14, 2025 “Dear Colleague” letter from the Department of Education. The letter outlines the Department’s interpretation that any policies intended to promote racial diversity violate existing federal law. Furthermore, it states that any educational institutions that fail to comply with the Department’s interpretation of the law may face potential loss of federal funding.
Please be aware of the following:
- Our existing programs will continue for the foreseeable future as we maintain alignment with state and federal laws and regulations.
- The Department’s letter does not change the law or otherwise have the effect of law but rather it merely provides notice of how the Department interprets existing federal law.
- It will be up to the courts to decide whether the Department’s interpretation of the law is correct and, if so:
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- What that law means given different factual scenarios; and
- Whether a violation of the law allows the Department to withhold any particular federal funding.
- As the courts address the issues, we will have more clarity based on the facts of each case. Therefore, the information and clarity will come incrementally.
- Proposition 209 is existing California law that prohibits the California Community Colleges from “discriminate[ing] against, or grant[ing] preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”
We will continue monitoring ongoing federal developments alongside the California Community Colleges Chancellor’s Office and communicate with you if anything changes.