The US DOE Office of Civil Rights (OCR) has recently requested that SEAs (state education agencies, i.e. DESE) sign a reaffirmation concerning compliance with federal non-discrimination provisions with specific references to DEI programs and SFFA v. Harvard, which dealt with race-conscious admissions programs at the college level. Additionally, SEAs were requested to report the signature status for each of its LEAs, (local education agencies, i.e. your school district) along with any compliance issues found within the LEAs, and the proposed enforcement plans for those LEAs.
DESE’s forceful and thoughtful response, provided today by Interim Commissioner Dr. Patrick A. Tutwiler, is hyperlinked above. It reaffirms the Commonwealth’s commitment to compliance with “Title VI of the Civil Rights Act of 1964, its implementing regulation, and Supreme Court cases interpreting the same” and challenges the authority of US DOE “to demand that SEAs obtain individual certifications in this form from LEAs, report on their signature status, or propose enforcement plans in connection with a Request for Certification of this nature.”
DESE’s response is in line with responses from New York and Minnesota.
Please note that your district is not required to take any action at this time. The original OCR communication was directed to DESE and the matter remains a state level issue.
We will need to wait and see how OCR reacts, but obviously there is significant concern over any potential loss of federal funding and financial contingency plans will need to be developed.
This remains an unsettling and challenging time for many, including those tasked with providing the fundamental elements of a quality public education. We will continue to monitor events and work with all stakeholders. Please do not hesitate to reach out to us with any questions or comments and you are encouraged to speak with your district counsel on district specific issues.