Blumenthal & Colleagues Urge ED & OCR to Rescind Guidance Jeopardizing Inclusive Classrooms

[Hartford, CT] – U.S. Senators Richard Blumenthal and Cory Booker (D-NJ), along with U.S. Representatives Suzanne Bonamici (D-OR-01) and Summer Lee (D-PA-12), led colleagues in writing a letter to Secretary of Education Linda McMahon and Acting Assistant Secretary for Civil Rights Craig Trainor calling for the Department of Education (ED) to immediately rescind their guidance jeopardizing inclusive classrooms.

“In February, OCR’s DCL threatened to rescind federal funding from any school, district, or state that seeks to create inclusive classrooms. Although ED published the March FAQ ostensibly to clarify this guidance, the FAQ document spreads misinformation by falsely suggesting, without evidence, that social and emotional learning (SEL) and culturally responsive teaching are discriminatory,” the lawmakers wrote.

Social Emotional Learning (SEL) and culturally responsive teaching are both evidence-based educational practices that create supportive environments, help students build social and emotional skills, and promote student engagement and academic achievement in the classroom.

“Although we have numerous significant concerns with the substance and content of OCR’s recent guidance, we write specifically to express our opposition to the guidance provided in Question 8 of the FAQ, which falsely claims that “schools have sought to veil discriminatory policies with terms like ‘social-emotional learning’ or ‘culturally responsive’ teaching,” and suggests such curricula are discriminatory under Title VI of the Civil Rights Act. This erroneous guidance contradicts scientific evidence, prior OCR guidance, and long-standing state and local laws and practices,” the lawmakers continued.

The Department of Education’s guidance seeks to override state and district leadership over curriculum despite Congress and numerous federal laws specifically prohibiting federal involvement in curriculum decisions.

“Because of the strong, established evidence that supports schools’ use of SEL and culturally responsive teaching, we strongly urge OCR to immediately rescind the February 14th Dear Colleague Letter and March 1st FAQ, both of which undermine OCR’s long-standing guidance and threaten critical funding that supports students nationwide,” the lawmakers concluded

The letter is cosigned by U.S. Senators Andy Kim (D-NJ), Dick Durbin (D-IL), Angela Alsobrooks (D-MD), Alex Padilla (D-CA), and U.S. Representatives Delia Ramirez (D-IL-03), Betty McCollum (D-MN-04), Andrea Salinas (D-OR-06), Danny Davis (D-IL-07), Terri Sewell (D-AL-07), Jonathan Jackson (D-IL-01), Jennifer McClellan (D-VA-04), Bennie Thompson (D-MS-02), Nydia Velazquez (D-NY-07), Dwight Evans (D-PA-03), Chellie Pingree (D-ME-03), Shri Thanedar (D-MI-13), Jan Schakowsky (D-IL-09), and Joyce Beatty (D-OH-03).

The letter is endorsed by CASEL, National Association for College Admission Counseling, National Science Teaching Association, Educators for Excellence, International Literacy Association, National Parents Union, National Association of School Psychologists, American Federation of School Administrators, and Social Emotional Learning Alliance for the United States.

Video of Blumenthal’s press conference with teachers and education advocates on Wednesday is available here.

The full text of the letter is available here and below.

Dear Secretary McMahon and Acting Assistant Secretary Trainor:

We urge the Department of Education (ED) to immediately rescind the guidance provided in its Dear Colleague Letter (DCL), published on February 14, 2025, and “Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act” (FAQ), published on March 1, 2025. The DCL and FAQ are unprecedented attempts to weaponize the Office for Civil Rights (OCR), and they mischaracterize federal civil rights laws, overturn state and local control laws and practices, invade local curricula decisions, and threaten the rescission of critical federal funding.

In February, OCR’s DCL threatened to rescind federal funding from any school, district, or state that seeks to create inclusive classrooms. Although ED published the March FAQ ostensibly to clarify this guidance, the FAQ document spreads misinformation by falsely suggesting, without evidence, that social and emotional learning (SEL) and culturally responsive teaching are discriminatory. Although SEL can take place anywhere, SEL in schools often refers to educational practices, frameworks, and programs that create supportive environments and opportunities for students to learn and practice social and emotional skills. In fact, SEL has long been a key component of education as a nonpartisan, evidence-based approach that fosters positive school climates and enhances student’s academic achievement, future readiness, and well-being. Similarly, culturally responsive teaching is an evidence-based practice that clearly promotes student engagement and academic achievement in the classroom.1

Although we have numerous significant concerns with the substance and content of OCR’s recent guidance, we write specifically to express our opposition to the guidance provided in Question 8 of the FAQ, which falsely claims that “schools have sought to veil discriminatory policies with terms like ‘social-emotional learning’ or ‘culturally responsive’ teaching,” and suggests such curricula are discriminatory under Title VI of the Civil Rights Act. This erroneous guidance contradicts scientific evidence, prior OCR guidance, and long-standing state and local laws and practices. Moreover, contrary to the position advanced in the guidance, there is nothing in the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard2 to suggest that social-emotional learning or culturally responsive teaching provide unfair advantages based on gender, race, or identity. Rather, they help create school environments where all students feel safe and supported and have a sense of belonging regardless of background.

Decades of research demonstrate a clear connection between SEL and improved academic achievement. A 2023 analysis of more than 400 studies from 53 countries found that SEL improves school climate and students’ sense of safety.3 The same analysis found that students participating in SEL at school had higher “school functioning,” including grades, test scores, attendance, homework completion, and engagement.4 In practice, social-emotional learning focuses on teaching five core competencies: self-awareness, self- management, social awareness, relationship skills, and responsible decision-making.5 It may include dedicating time to learn important lifelong skills like goal-setting and perspective-taking, as well as creating opportunities to build positive relationships and collaborate during academic subjects. Existing research also affirms that SEL helps reduce bullying and peer conflict, creating more welcoming learning environments.6

Additionally, research finds that culturally responsive learning environments foster stronger relationships and a deeper understanding of academic content by building on students’ cultural knowledge, prior experiences, and unique frames of reference. Culturally responsive teaching is driven by the science of learning and development, which emphasizes the critical importance of linking new information to what learners already know.7 In practice, this can look like a history teacher incorporating primary sources from diverse perspectives to help students connect their lived experiences to historical events, or a math teacher using real-world examples from students’ communities to make abstract concepts more relevant. It also typically involves fostering an inclusive classroom environment where students feel valued and empowered to share their cultural identities, leading to deeper engagement and academic success. The idea that SEL and culturally responsive teaching are discriminatory or create hostile school environments based on race is simply not borne out by the facts or the data.

Furthermore, ED’s guidance ignores its own precedent. OCR has long held that SEL and culturally responsive teaching are supportive of non-discriminatory school environments. In fact, these practices have been routinely identified as a remedy for discriminatory practices in civil rights cases. Prior OCR and Department of Justice (DOJ) actions, including during President Trump’s first administration, recognized the existence or absence of SEL as a significant factor in civil rights investigations on the basis that SEL contributes to positive learning environments for all students. In 2022, for example, OCR’s findings in a discrimination complaint investigation in Peoria, Arizona determined that the district failed to address a racially hostile environment, despite being aware of it, by not implementing measures like social and emotional learning.8 A 2022 DOJ consent order with the Madison County School District in Alabama required that the district receive technical assistance to review their school discipline policies and procedures, with particular attention to establishing a “positive school culture by promoting constructive teaching of school rules and social [and] emotional skills.”9

Finally, ED’s guidance impermissibly seeks to override state and district leadership over curriculum and other education decisions. Congress has long prohibited federal intrusion into curriculum, instruction, and materials of educational institutions and schools. Federal laws—including but not limited to the Elementary and Secondary Education Act10 and the General Education Provisions Act,11 —specifically prohibit federal involvement in curriculum decisions. As a result, these actions by ED are a blatant overreach of federal power.

Because of the strong, established evidence that supports schools’ use of SEL and culturally responsive teaching, we strongly urge OCR to immediately rescind the February 14th Dear Colleague Letter and March 1st FAQ, both of which undermine OCR’s long-standing guidance and threaten critical funding that supports students nationwide. Social and emotional learning, culturally responsive teaching, and related practices are essential to fostering welcoming, supportive, and effective learning environments, which benefit all students, regardless of background. This guidance establishes a dangerous precedent that will harm students for generations to come.

Thank you for your attention to this urgent matter. We look forward to your prompt response.

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