June 9, 2025

Dear County and District Superintendents and Charter School Administrators:

Response to the Department of Justice Letter Regarding California Laws Governing Athletic Competition

On June 2, 2025, the Department of Justice (DOJ) sent a letter to many local educational agencies (LEAs) in California claiming that LEAs are “exposed to legal liability” if they comply with a California Interscholastic Federation (CIF) policy that requires that students have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity. The DOJ letter asserts that the CIF policy violates the Equal Protection Clause of the U.S. Constitution, and that LEAs “have an obligation” to certify to DOJ by June 9, 2025, that they will not “implement” the CIF policy.

In a letter to LEAs sent on June 3, 2025, Superintendent Thurmond stated that the California Department of Education (CDE) would respond to the June 2 DOJ letter on behalf of all California LEAs, and that we would provide all LEAs with an informational copy of this letter once it was sent.

Attached, please see a copy of the CDE’s response to DOJ, dated today, June 9, 2025.

The CDE will continue to keep the field apprised of important information in response to federal actions related to public education. For a consolidated list of our responses to 2025 federal actions, please see the 2025 Responses to Federal Actions web page on the CDE website at https://www.cde.ca.gov/nr/fa/.

Thank you for your hard work on behalf of all students in the State of California. As we at the CDE continue to focus on moving the needle for student achievement, we again commend all California school staff who are maintaining a local focus on the all-important task of serving our students.

Sincerely,

David Schapira
Chief Deputy Superintendent
Chief of Staff
California Department of Education

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Via Email

Harmeet K. Dhillon
Assistant Attorney General
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue NW
Washington, D.C. 20530
Jesus.Osete@usdoj.gov
CRT.schoolcertifications@usdoj.gov

Dear Ms. Dhillon:

Re: California Interscholastic Federation’s Bylaw 300.D

We understand that local educational agencies (LEAs) in California may have received a letter from you dated June 2, 2025. The California Department of Education (CDE) responds on behalf of the state’s LEAs herein.

In that letter the Department of Justice (DOJ) claims that LEAs are “exposed to legal liability” if they comply with a California Interscholastic Federation (CIF) policy that requires that students have the opportunity to participate in CIF activities in a manner consistent with a student’s gender identity. The DOJ letter asserts that the CIF policy violates the Equal Protection Clause of the U.S. Constitution by depriving cisgender “girls of athletic opportunities,” and that LEAs “have an obligation” to certify to DOJ by June 9, 2025 that they will not “implement” the CIF policy and “[t]o ensure compliance and to avoid legal liability.”

California and its LEAs that receive federal funds have already provided the requisite assurances to federal funding agencies that programs and services comply with the U.S. Constitution. Those certifications remain in effect and there are no changes in law or circumstances that necessitate a new certification. Moreover, the DOJ letter references no law that would authorize the DOJ to require another “certification” of this kind from LEAs.

CIF’s policy reiterates California law, which protects students from discrimination based on sex, gender, and gender identity, and provides for equal access to opportunities in student athletics regardless of sex, gender, or gender identity. See Education Code§§200, 220, 221.5(f). State law on this issue, which applies to all LEAs and remains unchanged since 2013, is consistent with the United States Constitution.  Contrary to the DOJ letter, the Equal Protection Clause does not require that athletic teams be segregated by “biological sex,” and the CIF policy and the Education Code sections upon which that policy is predicated neither classify nor discriminate based on “biological sex.” Furthermore, the Ninth Circuit Court of Appeals has twice held that categorically preventing students from participating in sports consistent with their gender identity, as the DOJ letter demands, likely violates the Equal Protection Clause. Hecox v. Little, 104 F.4th 1061, 1079 (9th Cir. 2024); Doe v. Horne, 115 F.4th 1083, 1109 (9th Cir. 2024).

California has a strong and important interest in ensuring non-discrimination for all students, including transgender students. Further, California has a strong and important interest in ensuring inclusion in K-12 athletics. Participation in school athletics has lifelong benefits for students’ physical and mental health, self-esteem, social connections, and academic success. Inclusive school athletic programs have been shown to help all students, including transgender students, achieve physical and mental wellness, develop a strong work ethic, values, and sense of belonging, and improve access to academic resources and financial assistance. Conversely, when students are excluded from school sports, they lose the opportunity to enjoy these significant benefits.

All students—not just transgender students—benefit from inclusive school environments that are free from discrimination and harassment. When transgender students are treated equally, their mental health outcomes mirror those of their cisgender peers.

California remains committed to preventing and stopping discrimination and ensuring that all students are included and welcome in our schools regardless of any protected characteristic.

Sincerely,

Len Garfinkel
General Counsel
California Department of Education