Washington State Superintendent Chris Reykdal responded on Tuesday to a letter sent last week by the Department of Education.
The letter requested that states certify their compliance with Title VI of the 1964 Civil Rights Act and the Department’s interpretation of the decision in the SFAA v. Harvard case.
Title VI prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal funding. SFAA v. Harvard is a 2023 court case in which the Supreme Court ruled that considering a prospective student’s race as a factor in an admissions decision is unconstitutional.
Reykdal responded, in part:
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.
He said Washington had already submitted the mandatory long-standing federal requirements and called the Department’s decision to require a re-certification process in the middle of the funding award period “unusual.”
“The Department does not have the legal authority to break protocol in this manner,” he said.
Reykdal went on to praise Washington public education’s embrace of diversity and diversity-related programs.
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, he said he sent a letter affirming that Washington has already provided proof of meeting Title VI requirements.
“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,” he said.
The Department of Education said states must sign and return the certification within 10 days of receiving its letter.
You can read Reykdal’s full statement here.
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