Our nation is struggling to define what it means to serve all students. Oregon has joined the states standing up for the rule of law so that schools can serve all their communities in the way they know best.
School districts don’t have to do anything at this time, but we know you are worried about the continuation of your programs and the security of your federal funding. OSBA and the Coalition of Oregon School Administrators are monitoring events closely and consulting with lawyers, Gov. Tina Kotek, Attorney General Dan Rayfield and the Oregon Department of Education.
On April 3, the U.S. Department of Education Office for Civil Rights gave state education agencies 10 days to certify state compliance with Title VI of the 1964 Civil Rights Act, which forbids discrimination, and the Supreme Court decision in Students for Fair Admissions v. Harvard and UNC or risk losing federal funding. On Monday, the U.S. Department of Education, facing legal challenges, extended the deadline to April 24.
Today, the Oregon Department of Education sent a letter to the U.S. Department of Education stating that it has already certified compliance with Title VI of the 1964 Civil Rights Act in accordance with Every Student Succeeds Act requirements. ODE asserts the further certification request does not follow procedures and is unlawful.
“Threats to this federal funding without lawful authority or established requirements put key programs at risk that students and schools across Oregon depend on every day,” ODE Director Dr. Charlene Williams wrote. “There is no circumstance where it is okay to leverage children’s resources as a political tool.”
To be clear, the certification request does not prohibit diversity, equity and inclusion programs, and Oregon school districts are not required to halt programs or make statements. We recommend school leaders review their programs with legal advice, however, to ensure they are in compliance with current state and federal law.
State and federal antidiscrimination laws are unchanged. Advice OSBA and COSA shared last week also is unchanged: Keep all your students’ needs as your guiding star, and consult legal counsel and the Oregon Department of Education before any course changes.
The courts will likely have something to say about whatever comes next. The U.S. Department of Education generally cannot legally halt funding allocated by Congress without due process. A coalition of educator associations that includes the Eugene School District has filed for a preliminary injunction of the certification requirement.
We understand the sense of urgency these federal communications are creating. We will keep you informed as we learn more, and don’t hesitate to contact OSBA or COSA if you have immediate concerns.
