State agencies were given 10 days to sign and return the certification. Pennsylvania is expected to issue guidance soon.
The U.S. Department of Education (ED) took another step forward last week to ensure that K-12 school districts across the country are complying with the administration’s directives on civil rights and antidiscrimination issues. ED is now requiring all K-12 State Education Agencies to certify their compliance with antidiscrimination obligations to continue to receive federal financial assistance.
ED gave the State Education Agencies (SEAs) 10 days to sign and return the certification. No guidance was provided about the 10-day time period. Each state’s SEA is responsible for evaluating and determining how to respond.
The Pennsylvania Department of Education (PDE) is expected to issue guidance soon. ED may extend the 10-day deadline.
Certification Details
The certification directive was announced on April 3, 2025, in a press release titled “ED Requires K-12 School Districts to Certify Compliance with Title VI and Students v. Harvard as a Condition of Receiving Federal Financial Assistance.”
The move follows ED’s February 14, 2025, Dear Colleague Letter and accompanying FAQ document outlining the administration’s interpretation of Students for Fair Admissions v. Harvard and Title VI, which prohibits discrimination based on race, color, and national origin in programs and activities receiving federal funding. (See our March 25 alert.)
In its press release, ED stated that it sent out letters nationwide to SEAs “requiring them to certify their compliance with their antidiscrimination obligations in order to continue receiving federal financial assistance.” It further states that ED “requests certification of compliance with Title VI of the Civil Rights Act and the responsibilities outlined in Students for Fair Admissions v. Harvard.”
The certification document directly references Title VI and Students for Fair Admission v. Harvard and requires compliance with the administration’s interpretation. In the press release, Acting Assistant Secretary for Civil Rights Craig Trainor quoted Chief Justice Roberts who wrote, "Eliminating racial discrimination means eliminating all of it." Acting Assistant Secretary Trainor went on to state that, “No student should be denied opportunities or treated differently because of his or her race. We hope all State and Local Education Agencies agree and certify their compliance with this legal and constitutional principle.”
The certification takes the position that “any violation of Title VI — including the use of Diversity, Equity & Inclusion (DEI) programs to advantage one’s race over another — is impermissible.” However, the administration has not yet clarified which DEI practices would be unlawful nor have they identified the types of programs, initiatives, or policies the administration considers “illegal DEI.” The administration has only explained that if an educational institution “treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law.”
It goes on to say that the “use of certain DEI practices can violate federal law” and threatens consequences for the continued use of “illegal DEI practices” such as:
- Termination of federal funding.
- Potential lawsuits for breach of contract brought by the Department of Justice against school districts or states to recover federal funds that were previously disbursed.
- Potential liability under the False Claims Act, which imposes potential liability on anyone who “knowingly” submits “false claims to the government."
How is my school district impacted?
At this time, the requirement to sign the certification has been imposed only on SEAs and not directly on the school districts. (At least not yet!)
According to the press release, “SEAs will be responsible for reporting on their state overall and for collecting certification responses from their Local Education Agencies (LEAs). SEAs will have 10 days to sign and return the certification.”
SEAs (including PDE) administer federal funds to school districts, including Title I which provides funds to improve opportunities for educationally deprived children and Title III which funds language instruction programs for students who have a primary language other than English.
The response from SEAs has varied. The Vermont Agency of Education told Vermont school districts that they had 10 days to submit the certification, while the New York State Education Department declared that it is refusing to sign.
In Pennsylvania, school districts are awaiting direction from PDE. We have contacted the PDE’s Office for General Counsel and have not yet received guidance.
We anticipate that this certification requirement will be challenged in court. Contact your legal counsel to review how this latest directive will impact your local school district.
Stay tuned for updates.
[View source.]
