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Dear District and School Leaders,
I want to take a moment to reinforce our shared commitment to fairness, equal opportunity, and legal compliance in our schools. We know that every student, regardless of their race, background, or ability, deserves access to a high-quality education. This memo outlines key legal principles, the impact of recent federal guidance, and what you need to focus on moving forward to ensure we are upholding both the law and our values as educators.
A. Understanding the Legal Landscape
Several federal and state constitutional provisions, statutes and court decisions set clear expectations for how we treat students fairly and provide equal access to education:
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The Fourteenth Amendment to the US Constitution guarantees that no student can be denied equal protection under the law. This means we must apply policies and opportunities fairly to all students.
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Article I, Section 19 of the North Carolina Constitution likewise provides that “No person shall be denied the equal protection of the laws; nor shall any person be subject to discrimination by the State because of race, color, religion, or national origin.”
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Title VI of the Civil Rights Act prohibits discrimination based on race, color, or national origin in any program that receives federal funding—including public schools.
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Court rulings over time have affirmed that schools cannot deny benefits, exclude students, or create policies that favor or disadvantage students based on race—unless the goal is to correct clear, documented discrimination. This includes ending racial segregation in schools (Brown v. Board of Education) and ensuring disciplinary practices are applied fairly to all students. The North Carolina Supreme Court has held that all students have a right under the North Carolina constitution to a “sound, basic education” (Leandro v. State of North Carolina).
Additionally, federal laws such as the Individuals with Disabilities Education Act (IDEA) and laws protecting English Language Learners (ELLs) require schools to provide specialized instruction so that all students have the resources they need to succeed. These laws are not optional—they are essential to ensuring all students have an equal opportunity to learn.
B. What the “Dear Colleague” Letter Means for You
You may have seen the recent February 14, 2025, “Dear Colleague” letter discussing civil rights in schools. The letter notes that the USDOE “intends to take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in this letter beginning no later than 14 days from today’s date, including antidiscrimination requirements that are a condition of receiving federal funding” and advises all educational institutions to “(1) ensure that their policies and actions comply with existing civil rights law; (2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and (3) cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race.”
While the letter offers guidance on legal expectations, it cannot change existing laws, court rulings, or federal regulations (the letter itself acknowledges in a footnote that it “does not have the force and effect of law and does not bind the public or create new legal standards”). The key takeaway? Make sure our schools do not discriminate against students or staff based on race, color, or national origin. In other words, we must stay focused on what is legally sound: ensuring fairness, removing barriers to opportunity, and making decisions based on merit and need.
C. Action Items: What School Leaders Should Do
To ensure your school remains compliant and inclusive, keep these best practices in mind:
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Review Your Policies and Practices – Make sure none of your school’s policies and practices deny or award benefits based on race, color, or national origin. Even if you feel confident that your policies and practices are compliant, it’s always good to double-check.
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Consult Your Legal Team – Work closely with your local board’s legal counsel to identify and fix any areas of concern to ensure full compliance with federal and state laws. For example, while all diversity, equity and inclusion (DEI) related policies and programs are not inherently illegal, you should work closely with your legal team to understand what policies and programs are consistent with the law and identify and remedy any areas of concern, especially in light of the ”Dear Colleague” letter and other pronouncements by President Donald Trump’s administration related to DEI.
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Stay Focused on Fairness – While it’s important to stay informed about legal updates, avoid overreacting to new guidance. Your core responsibility remains the same: treat all students and staff fairly.
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Be Thoughtful in Decision-Making – Some decisions require extra care and documentation, such as the following:
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Hiring and Promotions: Ensure hiring decisions are based on qualifications and it is prudent to document the reasons each candidate was selected.
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Student Placement: Do not consider race when assigning students to classes, programs or sports teams.
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Discipline: Apply disciplinary actions fairly and consistently. Keep records to show why a particular consequence was given.
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Create Fair and Inclusive Opportunities – If you implement programs to help students overcome barriers, make sure they are open to all students who need them.
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Lead with Integrity – Above all, do what’s right for your students. Create environments in which all children, no matter their background, have the opportunity to succeed.
D. Final Thoughts
Education is about opening doors, not closing them. Every decision we make—whether about discipline, curriculum, hiring, or resource allocation—should be grounded in equal opportunity, fairness, and the best interests of students.
If you do have grants or contracts revoked or are subject to other actions by the federal government, you should consult with your legal team as you consider pursuing challenges and/or appealing those decisions to preserve your legal rights of your school or district.
Thank you for your leadership and dedication to North Carolina’s students. If you have any questions or need further clarification, please reach out to your school district’s or school’s legal team. This letter should not be considered legal advice. Let’s continue working together to ensure our schools are places where all students can thrive, and we can achieve educational excellence.
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