Write your BOE ASAP: Continue Investing in DEI!
Your school district needs to hear from you as it faces threats from the Trump Administration.
Please send the following message to your local school board.
The U.S. Department of Education (ED) has sent letters requiring certification of compliance with Title VI of the Civil Rights Act of 1964 (Title VI) and Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023), in order to receive federal financial assistance. This assurance form is just the latest effort by ED to chill schools’ lawful efforts to address barriers to equal educational opportunities. We urge you to continue to invest in programs that lawfully advance diversity, equity, inclusion, and accessibility.
As you know, ED already requires compliance with Title VI, and all recipients of federal financial assistance are prohibited from discriminating on the basis of race, color, or national origin. While the April 3, 2025, certification request threatens schools with False Claims Act liability, this new assurance form does not itself create new legal obligations for schools.
I understand that the recent actions from the Trump administration raise concerns and sow confusion. However, the Trump Administration cannot rewrite Title VI, other federal civil rights laws, or the U.S. Constitution. The Trump Administration dramatically misstates how Title VI applies. For example, the Administration baselessly claims that it would violate Title VI to use race-neutral approaches to eliminate obstacles that deny Black students and other students of color equal educational opportunities. Federal courts have recently rejected that unfounded theory, and the Supreme Court has refused to review those decisions further. Additionally, the Administration broadly asserts that “DEI” programs are generally legally suspect when in fact the opposite is true. Title VI, its regulations, and interpreting case law do not prohibit practices such as affinity groups that coalesce around race or culture when they are open to all students. These radical and inaccurate interpretations from the Trump Administration should not discourage lawful efforts to foster diverse, equitable, and inclusive educational environments. Schools can and should continue to engage in activities that support all students, including lawful efforts to reduce disparities, ensure equal opportunity, and promote an inclusive community. In fact, these efforts are often necessary to advance the goals of Title VI, which include removing barriers that deny students equal educational opportunities.
At this critical moment, elementary and secondary schools must stand strong by your values and continue to comply with your legal obligations. Embracing diversity, equity, inclusion, and accessibility fosters academic excellence, innovation, and a thriving school culture where all students feel valued and empowered. Efforts that ensure equal access to educational opportunities can also help schools comply with their Title VI obligations by remedying unfair barriers that too often leave Black and Brown students behind. In doing so, you ensure that every student, regardless of background, can succeed and contribute meaningfully to society. Staying true to your commitment to creating equal educational opportunities strengthens this country and its democracy. I urge you to continue to support school communities and educational environments that ensure equal opportunities for all students.