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All of Virginia鈥檚 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鈥檚 campaign to demolish diversity, equity and inclusion initiatives in federally-funded agencies.
Two school divisions 鈥� in Loudoun and Fairfax, the state鈥檚 largest school district 鈥� 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鈥檛 comply with the certification, federal leaders have said.
Loudoun County Superintendent Aaron Spence wrote a to the Virginia Department of Education explaining the division would not sign the because it already has policies to ensure Title VI compliance, so 鈥渋t is not clear what purpose the requested certification serves.鈥�
鈥淲e believe we have complied with the intent of the requested certification by providing the necessary assurances to the Department of Education鈥攂oth at present and during our annual grant applications, as required by federal law,鈥� Spence said in a statement. 鈥淭he 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.鈥�
Loudoun County schools also published a 聽to parents stating that the division has already certified its compliance when applying for federal funding and claiming that the federal agency鈥檚 request is also 鈥渧ague鈥� and 鈥渙verly broad.鈥�
Spence said the school division will await further guidance, since courts in and 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鈥檚 policies continue to be 鈥渃onsistent with all applicable state and federal laws.鈥�
Last week, Fairfax Superintendent Michelle Reid reinforced this by certifying the division鈥檚 compliance with Title VI of the Civil Rights Act of 1964 to state education leaders.
鈥淗ere in FCPS, we believe our diversity is a strength and that each and every child deserves access to a world-class education,鈥� Reid said in a statement to the Mercury. 鈥淭he 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.鈥�
On April 3, the U.S. Department of Education required the Virginia Department of Education to certify each school division鈥檚 compliance with Title VI of the Civil Rights Act and the responsibilities outlined in the Students for Fair Admissions vs. Harvard 聽鈥� or risk losing federal funding assistance.
According to records obtained by the Mercury, VDOE鈥檚 deadline to submit a report with all of the certifications was extended to April 24.
The agreement stated that the U.S. DOE 鈥渨ill not initiate enforcement action, investigation or otherwise take action鈥� based on any state or school division鈥檚 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,鈥� Trainor said.
The administration鈥檚 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鈥檚 certification directive, and the same day, the United States District Court for the District of Columbia granted an injunction to the same effect.
