The California Department of Education tells education leadership and residences that federal law remains unchanged.

The California DOE released a statement Friday, Feb. 21, in response to the federal Department of Education’s new anti-discrimination policy, released a week prior.

“… executive orders and memos cannot modify or override statutory requirements or regulations or unilaterally impose new terms on existing agreements,” the statement said.

University and K-12 programs and policies can remain unaffected for the time being.

Still, the statement recommends that schools obtain legal counsel regarding potential federal actions.

If laws or regulations do change, California vows to provide guidance and support for California educators and students.

The state encourages schools to continue to focus on their students, enacting policies best suited to the population served.

“California remains focused on moving the needle for student achievement, and we encourage all California educators, students, and families to remain focused on what is working in their local communities,” the statement said.

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If you’re wondering how the Department of Education’s new anti-discrimination policy will affect schools, you are not alone.

The call to end diversity initiatives or face the loss of federal funding — along with a fast-approaching Feb. 28 deadline — has universities and schools scrambling to figure out potential impacts and what to do next.

“The California State University is aware of the recent letter issued by the Department of Education’s Office of Civil Rights regarding race-conscious student programming and DEI,” Fresno State University said it a statement, “We are consulting with the California Attorney General and higher education partners across the country to better understand the statewide impact of this letter.”

The university is an Equal Opportunity Employer, which does not incorporate race in hiring or admissions. However, Fresno State hosts race-specific graduation ceremonies, which could be in jeopardy.

Fresno State would not answer follow-up questions regarding potential impacts or funding.

Local school districts such as Fresno Unified and Clovis Unified find themselves in similar situations.

Related Story: Fresno State Responds to Trump’s Title IX Changes, Says It Will Protect ...

“We’re looking at all of that very carefully. We want to stay consistent with the rest of our school districts in California, across the nation,” Interim Superintendent Misty Her told GV Wire, “Here’s the thing that I will say: As a school district, we need to make sure that we stand by our students, and we create places where all of our students feel like they belong.”

Fresno Unified doesn’t want to make any “knee jerk reactions,” Her added.

The district is reviewing what action is necessary and what can remain. Meanwhile it remains committed to diversity and creating a place where students can “see themselves in the fabric of who we are,” the interim superintendent said.

About 93% of students in Fresno Unified identify as members of minority groups.

What’s at Stake?

The Department of Education stipulates that cooperation with new guidelines are a condition for federal funding.

California public schools received about $16.3 billion in federal funding last year, equating to $2,859 per student, according to USA Facts.

Fresno Unified received around $238 million in federal funds for this school year. Clovis Unified receives 4% of its funding from the federal government. It’s not a huge amount, but it is still vital, Clovis Unified spokesperson Kelly Avants told GV Wire.

However, DOE is not the sole provider of federal funding for education.

School meal plans, which are funded federally, are a topic of concern for Clovis Unified. The funding comes from the Department of Agriculture.

Clovis Unified has reviewed the letter and did not find anything impacted by the policy due to its structure, Avants said.

She explained that Clovis Unified has crafted a holistic approach, making culture specific events open to all students and does not have staff dedicated to diversity, equity, and inclusion (DEI).

The district interpreted the letter to mainly address schools with admission practices and scholarships.

The district expects additional clarifications to be made by the Trump administration.

“There’s a lot of discussion still in place. … Some things that exist in California conflict with directions that we’re getting from the federal government,” Avants said.

Related Story: Trump Admin Gives Schools Deadline to End DEI Programs or Lose Federal Funding

More on Department of Education’s New Policy

The “Dear Colleague” letter, released by the department’s civil rights office Feb. 14, outlines the new policy.

The guidelines barred race-based programs — including financial aid, race specific graduations and dorm floors — and diversity, equity, inclusion (DEI) training.

The statement cites Title VI and the Supreme Court ruling in Students for Fair Admissions v. Harvard, which declared the “use of racial preferences” in college admissions unlawful, as basis for the new policy.

The department said the ruling applied more broadly and used it to interrogate the addressal and role of race in education.

The statement declares schools “using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life” in violation of anti-discrimination laws and the ruling.

This includes DEI training, which the department says targets certain racial groups and teaches that “certain racial groups bear unique moral burdens that others do not.”

In particular, the agency cited “white and Asian students, many of whom come from disadvantaged backgrounds and low-income families” as those who have been discriminated against through these initiatives.

The department gave educational institutions 14 days to comply with new regulations. After that, the agency will begin assessing compliance.

The letter does not mention non-raced based programs that cater to specific groups, such as female-only or LGBTQ+ dorms.

Recurring Chaos in Education

Schools have been on high alert since the inauguration of President Donald Trump.

Districts are fielding immigration concerns and the possible dismantlement of the Department of Education.

In January, Fresno Unified reasserted schools as a safe place for all students, including immigrant pupils and families.

Last week, an incident in which a substitute teacher questioned the immigration status of students arose. The district swiftly confronted the matter and condoned the incident.

Related Story: Fresno Sub Teacher’s Immigration Queries of Students Spark Board Meeting ...

Additionally, local districts are closely monitoring the fate of the Department of Education.

The president nominated former World Wrestling Entertainment CEO Linda McMahon as education secretary.

When asked about the nomination, President Trump told reporters that he instructed McMahon — whom has not been confirmed — to “put herself out of a job.”

And, even McMahon herself has appeared confused about the implications of Trump’s anti-DEI order.

Asked during her confirmation hearing whether classes on African American history must be dropped because of the president’s order, McMahon said she wasn’t sure.