Last Thursday, April 3, the U.S. Department of Education’s Office for Civil Rights asked states to certify their compliance with Title VI of the Civil Rights Act of 1964 as well as the Department’s interpretation of the decision in Students for Fair Admissions v. President and Fellows of Harvard College (“SFFA v. Harvard”).
This is the latest attack against the rights of states to have civil rights frameworks that exceed the federal minimum standards. This is also an attempt to erase diversity, equity, and inclusion (DEI) practices that, for decades, have helped bring greater opportunities to more students.
Although the SFFA v. Harvard case was specific to the use of race-conscious college admissions policies, the Department has stated that they intend to apply the ruling “more broadly,” including through their evaluation of what they determine are DEI programs, which they deem “insidious” and discriminatory.
In alignment with long-standing federal requirements, Washington has already submitted the mandatory assurances that our state will follow the legal mandates of Title VI. The Department’s decision to introduce a re-certification process in the middle of the funding award period is unusual and should be approached with caution. The Department does not have the legal authority to break protocol in this manner.
Recognition of our diversity is a cornerstone of public education. It makes us stronger, more civil, and it empowers groups of students who have historically been marginalized or denied equal opportunities. Programs aiming to make schools more inclusive have improved the amount of time students with disabilities spend engaging in core curriculum alongside their peers. Leveraging data to identify persistent opportunity gaps has pushed our education system to think differently about our programs, policies, and resources, and it has resulted in higher graduation rates and higher college participation rates for students experiencing poverty and students of color. And our diversity provides opportunities for rich classroom discussions that inform and empower all students. Washington will not suppress its core values or cede our right to determine our own education system to the federal government.
In response to the Department’s request, I sent a letter affirming that Washington has already provided our assurances and met the requirements under Title VI. We will not sign additional certifications that lack authority, lack clarity, or are an assault on the autonomy of states and local school districts by misapplying a higher education admissions case. It would be irresponsible to do so.
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