As of this week, K12 school districts must certify their adherence to Title VI anti-discrimination policies or risk federal funding. State education agencies in charge of collecting and reporting responses have 10 days to sign and return their certifications for each district.
On Thursday, the U.S. Department of Education issued letters to state commissioners overseeing K12 SEAs asking for their compliance with federal antidiscrimination policy. Specifically, Title VI and the responsibilities outlined in Students for Fair Admissions v. Harvard, which effectively banned race-based college admissions.
“Federal financial assistance is a privilege, not a right,” said Acting Assistant Secretary for Civil Rights Craig Trainor in a public statement. “Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”
The certification of compliance reads as follows:
On behalf of [SEA/LEA], I acknowledge that I have received and reviewed this Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard. I further acknowledge that compliance with the below and the assurances referred to, as well as this certification, constitute a material condition for the continued receipt of federal financial assistance, and therefore certify our compliance with the below legal obligations.
The “below legal obligations” refers to the reminders included in the certification about Title VI of the Civil Rights Act of 1964 and Harvard’s Supreme Court case. In addition to terminating federal funding, school districts found violating Title VI may also be subject to Department of Justice litigation for breach of contract.
“We hope all state and local education agencies agree and certify their compliance with this legal and constitutional principle,” said Trainor.
A continuing trend
The certification order comes more than one month after the Office for Civil Rights issued a Dear Colleague Letter to educational institutions prohibiting discrimination on the basis of race, color or national origin. It cautioned education leaders using diversity, equity and inclusion practices in college admissions, hiring, promotion, scholarships and other areas.
“Educational institutions have topically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” wrote Trainor in the DCL.
This was largely the case in SFFA v. Harvard (2023) when the Supreme Court ruled that race-conscious admissions programs at Harvard and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment and Title VI. The ruling effectively terminated affirmative action practices in college admissions, requiring institutions to utilize race-neutral approaches to achieve diversity.
Shortly after the court ruling, the Biden Administration issued a Dear Colleague Letter offering guidance on how educational institutions can lawfully recruit and admit diverse student bodies. The departments of Education and Justice recommended that colleges and universities partner with school districts in underserved communities to ensure students are prepared to apply for college.
“When individual states have banned affirmative action in the past, fewer students of color applied and fewer students were admitted,” former education secretary Miguel Cardona told reporters at the time. “We cannot afford that kind of backsliding on a national scale.”
The Biden administration’s letter has since been removed from the Education Department’s website.
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