Washington's K-12 schools chief is advising the state's school districts not to change their diversity, equity and inclusion programs and policies in response to the Trump administration's recent directive to schools to eliminate "race-based decision-making" from their campuses by the end of the month or jeopardize their federal funding.

A letter from the U.S. Department of Education's Office for Civil Rights gave K-12 schools and colleges until Feb. 28 to stop considering race in "all aspects of student, academic and campus life."

Craig Trainor, acting assistant secretary for civil rights at the U.S. Department of Education, wrote, "The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation's educational institutions."

Washington state Superintendent Chris Reykdal said in a statement Thursday that letters like the one Trainor sent, referred to as a "Dear Colleague" letter, "do not hold the power of law."

He said his office is working with the state attorney general and considering legal action if the federal government attempts to freeze or recoup funds from the state's K-12 schools based on Trainor's letter.

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

"While the words have unfortunately been weaponized, diversity, equity, and inclusion have long been core components of our educational system," Reykdal said. "These principles are the reason we provide a high-quality public education to all young people from all backgrounds and walks of life."

"Public education is a civil right in our country," he continued, "and that in itself is DEI. I'm proud of the work we've done in Washington state, and we are not going backward."

Washington's K-12 schools receive 7% of their funding from the U.S. Department of Education, according to the Office of Superintendent of Public Instruction. Most of that money is allocated to schools via funding formulas set by Congress, and the agency expects the funds would be protected. The rest is competitive grant funding.

Reykdal said in a statement earlier this week that Washington is a "donor state," meaning that its residents pay more in federal taxes than it gets back. The Rockefeller Institute found that in 2022, Washington residents paid $22.5 billion more to the federal government than the state received in federal spending.

"It's time for a real conversation about whether our state leaders will allow Washingtonians' hard-earned tax dollars to be held as leverage by this administration," he said.

In a statement Wednesday, before Reykdal issued his latest statement, Tacoma Public Schools said the district has an "obligation to follow the law."

"It is disheartening that we are in this position today, trapped between direction from (the) federal government and existing state laws that appear contradictory," the statement read.

Vicki Alonzo, a spokesperson for the Auburn School District, said it was "too soon to know what, if any, impact" the Trump administration order would have on the district. In the 2023-24 school year, about 9.5% of the district's overall budget, about $32 million, came from the federal government, she said.

Any enrollment or funding losses could devastate school districts and colleges struggling with deficits, potentially impacting the quality of education for all students.

In a statement issued Wednesday, the University of Washington wrote that it "does not view diversity and access as being in opposition to merit and excellence" and that the institution "will not take any preemptive actions at this time" but awaits further guidance from the Education Department.

Washington State University did not immediately respond to a request for comment.

Trainor wrote in his Feb. 14 letter that more legal guidance would follow and that the U.S. Department of Education would "vigorously enforce the law on equal terms" for all schools and state education agencies that get federal funding.

Citing the 2023 U.S. Supreme Court ruling banning affirmative action practices in college admissions as precedent, Trainor wrote that federal law prohibits public education institutions from 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."

The stakes are high for Washington's 34 state community and technical colleges. The system serves roughly 250,000 students a year, 53% of whom identify as students of color. Spending tied to federal appropriations for the system most recently totaled $360 million, encompassing financial aid, student loans and the U.S. Department of Education's TRIO Programs, designed to "identify and provide services for individuals from disadvantaged backgrounds."

Chris Bailey, interim executive director for the board overseeing the community and technical colleges, said the institutions "remain steadfastly committed to attracting, retaining, and graduating diverse students and creating equitable outcomes so all Washington students can achieve the promising future they envision and deserve. It's the right thing to do for students and for our state."

Members of the community and technical colleges board have formed an "incident response team" and regularly meet among themselves and with legal teams to discuss the implications of anti-DEI directives while also working to hear the concerns and fears of students and faculty.

Choi Halladay, the board's deputy executive director for business operations, said that ultimately, each college will determine what is best for the institution.

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