We understand school leaders are concerned about the federal government’s latest communication, but we don’t want anyone to take any rash actions before we know more.
The U.S. Department of Education sent a letter Thursday, April 3, requiring the Oregon Department of Education to certify within 10 days their compliance with antidiscrimination rules set out by Title VI and the Supreme Court decision Students v. Harvard.
School districts have long been required to meet state and federal antidiscrimination laws, and despite the letter’s threats to withhold federal funds, the letter does not change the law.
The Oregon School Boards Association and the Coalition of Oregon School Administrators are advising school leaders not to sign anything without consulting legal counsel and the Oregon Department of Education.
ODE released a statement Friday, April 4, that the department is working with Gov. Tina Kotek’s office to evaluate the request. ODE said it will release more information as it gets answers and asked that school districts consult with them before taking any action. ODE maintains a website with federal action updates and invites questions at [email protected].
OSBA and COSA also welcome questions and concerns from members. OSBA can best be reached at [email protected] or [email protected]. COSA can best be contacted at [email protected].
Federal law prohibits discrimination against many protected classes, and under the federal Elementary and Secondary Education Act, states already must provide certification that they are following the law.
The certification request does not prohibit diversity, equity and inclusion programs. It notes that such programs can’t be used to advantage one class over another, which is consistent with state and federal law. There are still valid legal reasons under state and federal law for DEI practices.
School districts should already be regularly reviewing their programs and practices to ensure they are not discriminatory. If school leaders have any questions about a program or practice, they should consult their attorneys or their membership organization.
The courts may have to settle the question of whether the U.S. Department of Education can legally withhold federal funds, but our mission of serving all children to the best of our ability remains unchanged.
We know you want what is best for all your students, and threats of losing important funding are scary. OSBA, COSA and the state of Oregon are working hard to understand the extent of federal actions and to protect your ability to make decisions for your community.
The bottom line, though, remains that we lead our schools for the success of all our students. We stand together for our children, and we have to do right by them.
