No Action Required from Pennsylvania School Districts (for Now)
The Pennsylvania Department of Education (PDE) has declined to sign a certification form issued by the U.S. Department of Education (ED), which asked all state education agencies to affirm compliance with federal antidiscrimination laws — including ED’s current interpretation of Title VI of the Civil Rights Act and Students for Fair Admissions v. Harvard.
ED’s directive, issued April 3, required all state education agencies to sign a form certifying adherence to Title VI of the Civil Rights Act of 1964 and to the administration’s interpretation of that law. (See our April 8 alert.)
School districts in Pennsylvania awaited guidance from PDE on how to move forward, whether PDE would sign the certification and whether PDE would request that Pennsylvania school districts also sign.
Rather than sign and return the certification as directed by ED, PDE confirmed in an April 9 letter that it and the school districts receiving federal funds are in compliance with Title VI, as required by law and existing grant agreements. It did not, however, sign or return the certification form.
In an April 9 communication to PA school districts, PDE Acting Secretary Carrie Rowe, Ed.D. told superintendents that she viewed ED's request to sign the certification form as an attempt to change the terms and conditions of a federal award without formal administrative process, which is prohibited under the law.
The letter explained that “there are no federal or state laws generally prohibiting efforts relating to diversity, equity, or inclusion” and thus PDE and PA school districts have fully complied with their legal obligations to receive federal funds.
What does this mean for Pennsylvania school districts?
- PDE will not ask districts to sign the certification form, and no further action is required at this time.
- However, it remains unclear whether PDE’s letter will fully satisfy ED’s directive.
- If you have questions about how this may affect your district, contact your legal counsel for guidance.
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