Across the nation, state responses to the Trump administration’s education directives have varied. Some states, like New York, have declined to comply or have challenged the current administration’s requirements to eliminate illegal diversity, equity, and inclusion (DEI) practices. Others have readily followed such federal policies up to this point.
On April 3, the US Department of Education (ED) required that school districts and state education departments certify compliance with federal anti-discrimination laws via a signed letter by April 24. Compliance with this directive, according to ED, is a “material condition” for continuing to receive federal funds.
South Carolina is pursuing “full compliance” with the directive, according to the Post and Courier. State Superintendent Ellen Weaver earlier this month issued a memo directing all school districts to sign and return the ED letter, which serves as a reminder of their legal obligations regarding Title VI. The SC Department of Education returned its letter of certification prior to the April 24 deadline.
The North Carolina Department of Public Instruction (DPI), led by State Superintendent Mo Green, took a slightly different posture. Enclosed with the state’s letter of certification, Green sent a second letter to US Education Secretary Linda McMahon questioning the need for this additional requirement, noting that DPI has already declared its intent to comply with all existing civil rights law.
The letter goes on to disclose that he has asked all North Carolina local education agencies (LEAs) to comply with the request, with the clarification that this is limited to the ED’s “current legal authority.” Green writes that ED “does not have the authority” to change assurances to federal recipients outside of the proper rulemaking process, or to make unilateral changes to Title VI.
While North Carolina has facially complied with the directive, it is doing so with clear reservations. Green states that the ED’s “request for certification makes broad statements about ‘diversity, equity, and inclusion’ without defining what specific practices might violate Title IV or other laws. This ambiguity raises concerns about providing the requested certification without important clarifications.”
More recently, 19 states, including Colorado, Illinois, Oregon, and Maryland, jointly filed a lawsuit challenging the ED directive. CALN will provide updates on this matter and future ED developments as they occur. Local board members can learn more about shifts in federal policy and emerging executive orders through our monthly Education & School Board Law webinars.