Thursday, April 24, is the deadline for states to certify that their school districts are in compliance with anti-Diversity, Equity, and Inclusion ( DEI ) guidelines published by the U. S Department of Education.
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On April 3, the Education Department sent a notice to express commissioners for K-12 State Education, requesting that they certify that the school districts in their state are in conformity with Title VI of the Civil Rights Act of 1964, which bars bias in schoolsbased on culture and gender based on race and gender, and the 2023 Students for Fair Admissions v. Harvard decision.
The letter stated explicitly that the use of DEI in schools was “impermissible. “
States were given 10 days to comply, later extended to April 24.
“The Department of Education will consider opening investigations into states that refuse to certify compliance pursuant to [the Office of Civil Rights ] Title VI authority, ” Madi Biedermann, a spokeswoman for the DOE, told the Washington Examiner in a statement. “This is not controversial: The Civil Rights Act has been the law of the land for decades. We are merely asking states to certify their compliance with federal antidiscrimination law, which is a condition of their federal funding. ”
Of course, it is” controversial” or several blue states wouldn’t be lining up to sue the Trump administration over their policies.
So far, 16 states have either certified their programs in compliance with Title IV or indicated they will do so. Another 16 states have indicated they will not sign any such certification. Those states cite their commitment to DEI policies.
Daniel Morton-Bentley, counsel and deputy commissioner of New York’s Department of Education, claimed there weren’t any federal laws “prohibiting the principles of DEI. ”
Similarly, Pennsylvania’s acting Secretary of Education Carrie Rowe wrote in an April 9 letter to LEAs that the Education Department’s letter mentioned DEI but “did not identify those practices or define ‘illegal DEI, ’ and there are no federal or state laws generally prohibiting efforts relating to diversity, equity, or inclusion. ”
Utah sent a response letter to the Department of Education outlining its efforts to comply with anti-discrimination laws that it claims already meet the certification requirements.
“The annual assurances completed by our LEAs reflect USBE’s commitment to upholding both state and federal civil rights laws, ” said Utah Superintendent of Public Instruction Sydnee Dickson. “We remain dedicated to meeting these legal obligations and maintaining transparency with our federal partners and local communities. ”
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Patrick Tutwiler, Massachusetts ’s interim commissioner of the state Department of Elementary and Secondary Education, responded to the Department of Education: “Massachusetts will continue to promote diversity in our schools because we know it improves outcomes for all of our kids, and we have more work to do. ”
“We are standing up for the rights of all Oregonians and will continue to promote diversity in our schools because we recognize it enhances learning outcomes for all students, ” Oregon Director of Education, Dr. Charlene Williams, wrote in a letter to the federal government.
Michigan Superintendent Michael Rice took a slightly different approach. He claimed that Michigan had been in compliance with Title VI all along.
“As part of our administration of federal education programs, MDE submits regular grant applications certifying compliance with all required assurances, all of which have been approved by the U. S. Department of Education ( USDOE), ” wrote Rice. “These certifications and assurances for grant awards remain in effect, and our commitment to adhering to our prior certifications and assurances has not changed. The requested recertification appears, therefore, unnecessary. ”
California, Delaware, and Illinois sent similar letters.
This is one of the most consequential issues that the Supreme Court will decide among all of the issues that the reaction to Donald Trump’s policies is bringing to the fore. It will be a case that touches millions of American students, teachers, and parents for years to come and perhaps decides once and for all how the issue of race can impact public policy.
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