All But Two Virginia School Divisions Signed Federal Anti-Discrimination Certification Forms. Here’s Why.

All of Virginia’s educational divisions, except two, have signed Title VI certifications pledging their commitment to treating all students equally regardless of their race, following a mandate by the state education department that builds on President Donald Trump administration’s campaign to demolish diversity, equity and inclusion initiatives in federally-funded agencies.

Two school divisions — in Loudoun and Fairfax, the state’s largest school district — submitted alternative documents that they say signify the same commitment, flouting the certification form created by the U.S. Department of Education. Norfolk signed a modified certification form.

Schools could lose federal funding and face further investigation if they don’t comply with the certification, federal leaders have said.

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Loudoun County Superintendent Aaron Spence wrote a letter to the Virginia Department of Education explaining the division would not sign the certification because  it already has policies to ensure Title VI compliance, so “it is not clear what purpose the requested certification serves.”

“We believe we have complied with the intent of the requested certification by providing the necessary assurances to the Department of Education—both at present and during our annual grant applications, as required by federal law,” Spence said in a statement. “The letter we submitted to the VDOE was intended to fulfill this purpose while also highlighting our concerns regarding the lack of clarity created by the certification document itself.”

Loudoun County schools also published a letter to parents stating that the division has already certified its compliance when applying for federal funding and claiming that the federal agency’s request is also “vague” and “overly broad.”

Spence said the school division will await further guidance, since courts in New Hampshire and Maryland recently issued injunctions on the collection of information regarding diversity, equity and inclusion programs.

Fairfax schools sent both a modified certification and assurance document and said in a statement to the Mercury that the school division’s policies continue to be “consistent with all applicable state and federal laws.”

Last week, Fairfax Superintendent Michelle Reid reinforced this by certifying the division’s compliance with Title VI of the Civil Rights Act of 1964 to state education leaders.

“Here in FCPS, we believe our diversity is a strength and that each and every child deserves access to a world-class education,” Reid said in a statement to the Mercury. “The power and promise of public education come to life every day in our schools through the tireless dedication of our staff and the transformative moments of learning that our students experience.”

On April 3, the U.S. Department of Education required the Virginia Department of Education to certify each school division’s compliance with Title VI of the Civil Rights Act and the responsibilities outlined in the Students for Fair Admissions vs. Harvard case — or risk losing federal funding assistance.

According to records obtained by the Mercury, VDOE’s deadline to submit a report with all of the certifications was extended to April 24.

The agreement stated that the U.S. DOE “will not initiate enforcement action, investigation or otherwise take action” based on any state or school division’s certification, lack of certification, or communication with the federal agency regarding the certification until after the April 24 deadline has passed.

Craig Trainor, acting assistant secretary for Civil Rights, said in an April 3 statement that federal financial assistance is a privilege, not a right.

“When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements. Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI,” Trainor said.

The administration’s efforts are facing fierce pushback from the National Education Association as well as civil rights groups including the NAACP. On April 24, a federal judge in Maryland temporarily blocked enforcement of the federal education department’s certification directive, and the same day, the United States District Court for the District of Columbia granted an injunction to the same effect.

by Nathaniel Cline, Virginia Mercury

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