Leaders of those schools said their response will not change or affect how their districts serve students and families.
“I don’t really see any changes to how we serve our students and family,” said Urbana Superintendent Charles Thiel. “Based on the advice we have received, this certification is the same, or at least very similar, to the assurances that have to be acknowledged on a regular basis for different parts of federal funding we receive.”
The U.S. Department of Education said failure to sign the document, certifying that schools were following Title VI of the Civil Rights Act of 1964, could result in schools losing their federal funding.
Some school groups in Ohio and across the nation have disagreed with USDOE’s new stance on DEI under President Donald Trump.
Dayton’s school board refused to sign the federal letter, citing concerns it would limit their ability to support all students as needed. Some states refused, saying they lacked clarity on the administration’s definitions surrounding DEI programs.
School officials who spoke on background to avoid targeting specific districts said just because schools had signed the letter did not mean they meant to make sweeping changes to their districts.
What is the document?
President Donald Trump’s administration sent a “Dear Colleague” letter to all U.S. schools on April 3, requiring them to verify they don’t use diversity, equity and inclusion (DEI) or other programs to “advantage one race over another.”
The document also says institutions who use DEI practices may face lawsuits from the U.S. Department of Justice and may be required to forfeit funds that were paid to them under previous contracts and grants.
But school officials have objected to how vague the letter is, saying the diversity, equity and inclusion part of the letter could include some items that are actually required under federal law, such as identifying what groups of students, by race, are performing worse academically, and providing specific interventions to those students.
The Ohio Department of Education and Workforce sent a letter to public schools demanding they respond to the letter and ODEW by 11:59 p.m. last Friday.
Schools who do not submit the letter could stand to lose millions of dollars from the federal government, pending likely lawsuits. The U.S. Department of Education gives money to U.S. public schools, which generally goes towards items like special education, or Title I, which targets students who are from low-income families.
It’s hard to gauge exactly what percentage of funding Ohio schools are getting from the federal government because short-term COVID-19 relief funds inflated statistics. But generally the percentage since 2019 has hovered between 6.8% and 15%, according to Ohio’s Cupp Report, which compares various facts about school districts to other district.
District takes
Mechanicsburg Exempted Village Schools said they conducted a search of policy templates for references to diversity, equity or inclusion.
“While several references can be found in policy templates, none of these district policies or their references conflict with the federal mandate, and are an appropriate use of the terms. In those cases where the terms are present in policy, the terms are used in a context different from the focus of the USDOE reminder and certification,” said Superintendent Danielle Prohaska.
“Adopted Board policies guide the district in support of all students, staff, and programs. The district continues to operate in a manner that upholds the district’s number one goal, prioritizing the learning of all students,” she added.
Northeastern Local School Superintendent Jack Fisher said the district’s commitment to serving families, students and staff remains unchanged.
“We will continue providing the essential services they deserve and require to succeed in our schools,” he said.
Clark-Shawnee Superintendent Brian Kuhn said after review that the federal certification would not prompt any changes to how the district serves students and families.
Teachers, states oppose letter
In a court case filed in Maryland by the American Federation of Teachers and American Sociological Association, plaintiffs argue that the “Dear Colleague” letter misrepresents federal law. Nothing prohibits teachers from discussing race and race-related topics, and the Supreme Court has not banned efforts for diversity, equity and inclusion in education, according to the lawsuit.
“The Department of Education (‘Department’) is attempting to establish a new legal regime when it has neither the lawmaking power of Congress nor the interpretative power of the courts,” the lawsuit reads.
The lawsuit also says there is no definition in the letter for assessing discrimination in violation of Title VI. But the letter implies that education topics, like teaching a lesson about slavery or the forced relocation of Native American tribes, are now illegal discrimination, according to the lawsuit.
