萝莉网

Today, the U.S. Department of Education issued a new directive every state education agency (SEA) to within 10 days that they are complying with federal civil rights laws, including Title VI of the Civil Rights Act of 1964 and the Supreme Court鈥檚 2023 decision in Students for Fair Admissions v. Harvard (SFFA). The certification does not demand the end of DEI efforts, but instead reiterates the need to ensure those efforts are lawful under Title VI and to cease 鈥渋llegal DEI practices.鈥�

The directive requires SEAs to collect certifications from all school districts in their state within ten days. The Department framed the certifications as a response to concerns about the misuse of 鈥渋llegal鈥� diversity, equity, and inclusion (DEI) programs that may, in its view, favor or harm some groups and not others. To better understand what the Department means by illegal DEI it is worth reading the . Districts that are seeking more clarity regarding the consequences of certification should consult with legal counsel before signing it or amending it. If a district chooses not to sign this, they would need to be prepared to litigate before the deadline.

While the certification does not introduce new legal standards, it does place SEAs and school districts in a more formal compliance posture. By requiring an explicit certification, the Department has created a clearer record鈥攐ne that could, in some cases, be cited in False Claims Act (FCA) complaints if a program is later alleged to violate Title VI. The FCA is a longstanding federal statute that permits the government or private whistleblowers to bring lawsuits based on alleged false claims for federal funds. This kind of enforcement risk is not new鈥擲EAs and school districts have long been required to provide assurances that they comply with civil rights laws as a condition of receiving federal funds, and so any SEA or school district that currently receives federal funding is already at risk of a FCA complaint based on the current administration鈥檚 interpretation of Title VI.

For a deeper dive on this directive and what evolving DEI policies mean for schools, we encourage you to read from ECR Solutions.