Schools await guidance following anti-DEI certification requirement

Schools across the state have until April 18 to sign and return a letter to the Ohio Department of Education and Workforce certifying they have ended "discriminatory" diversity, equity and inclusion programs, but in Lorain County, several school districts have passed the demand to their legal counsel for review. The letter districts must sign is part of a U.S. Department of Education requirement announced April 3 that K-12 schools certify they are following federal civil rights laws and end diversity, equity and inclusion practices or risk losing federal funding. Initially, the order only gave schools 10 days to sign the certification, but on Monday the federal deadline was extended to April 24. "Federal financial assistance is a privilege, not a right," Craig Trainor, acting assistant secretary for civil rights, stated in a release announcing the certification requirement. "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." Title VI is a portion of the 1964 Civil Rights Act that prohibits programs receiving federal funding discriminate on the basis of race, color and national origin. A copy of the letter, provided to The Chronicle-Telegram, states claims for federal money when a school district is not in compliance with Title VI "due to certain DEI practices" could open the district to civil penalties under the False Claims Act. The Trump administration's edict to end DEI programs in schools follows executive orders he signed his first day back in office, ending diversity, equity and inclusion programs across the federal government. Earlier this week, several Democratic-led states said they will not comply with the federal demand to gather signatures from school districts certifying compliance with civil rights laws and the National Education Association has filed a motion in New Hampshire to block the order. Minnesota, New York, California and Vermont have pushed back on the certification requirement, and Chicago's mayor has promised to sue over any funding cuts it may face. Minnesota and New York's education leadership have challenged the rule, saying there is nothing illegal about diversity, equity and inclusion programs. Ohio Education Association President Scott DiMauro said as an NEA affiliate, his organization supports the national group's court filing. "We agree the president is exceeding his authority and what is being communicated from the administration is unlawful," DiMauro said. He said DEI has become a target in a culture war, but it is not clearly defined. "As educators, it is our responsibility to ensure we provide safe, welcoming spaces for all students of all races, genders and backgrounds so they can be successful," he said. "We're not going to back down." The Ohio Education Association advises its members to follow the law, but cited concerns with the legality of the Trump administration's executive orders and edicts from the federal Education Department. The U.S. Department of Education is there to make sure students do not fall through the cracks and have access to additional services and resources they may need to be successful, he said, not to tell states or local communities how or what to teach. "I think it's a lot of saber rattling from D.C., but it is too early to tell what the actual on-the-ground impact might be," he said. "Part of that might be because it's really unclear what they're talking about. They don't want to see schools engaging in 'discrimination against one group of Americans to favor another' — what does that even mean? There's a lot of confusion in that." Elyria Superintendent Ann Schloss has forwarded the letter her district received from ODEW and its school policies to its attorney for review. "Right now, until I finalize our guidance with the attorney we will continue to do what's best for our students and families," she said. Similarly, Lorain Schools Superintendent Jeff Graham said his district has sought a legal opinion and does not plan to make any policy or program changes until it receives one. "We're going to wait to see where things land," he said. Amherst Superintendent Mike Molnar did not anticipate any changes to his schools' curriculum, projects or policies, as his district does not discriminate in any way. Like schools throughout the state, he was waiting for more guidance. Clearview Superintendent Jerome Davis lamented that schools, colleges and universities have been placed in a position to cut programming that may benefit the students they serve. He plans to follow any directive his school board has on the issue. "Personally, I just think it's unfortunate for everyone," Davis said. "Diversity (and) equity are important across all levels of education, from kindergarten through college." The Chronicle-Telegram reached out to an ODEW spokesperson on April 3 for clarification on the certification. It did not receive a response. The Associated Press contributed to this report. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com