April 4, 2025
Written by Shawn McLain & Natalie Hoernschemeyer
On April 3, 2025, the United State’s Department of Education (DOE) announced in a press release that they are requiring state education agencies (SEAs) to certify that they are in compliance with Title VI of the 1964 Civil Rights Act and the recent Supreme Court decision in Students for Fair Admissions v. President and Fellows of Harvard College, 600 U.S. 181 (2023). Failure to make this certification risks loss of federal funds. The directive from the DOE also indicates that SEA’s “will be responsible for reporting on their state overall and for collecting certification responses from their Local Education Agencies (LEAs).” SEAs will have 10 days to sign and return the certification.
Title VI generally prohibits racial discrimination by recipients of federal funds. This new requirement comes on the heels of a Dear Colleague Letter issued by the DOE’s Office for Civil Rights stating that recipients of federal funds must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline, and other programs and activities.
A copy of the DOE’s press release can be found here.
Do Missouri School Districts Need to Take Action to Certify Compliance?
The press release from the DOE states that the SEA is responsible “for collecting certification responses from their Local Education Agencies.” For now, school districts should wait to be contacted by DESE (as the SEA for Missouri) regarding their compliance certification with Title VI or for further guidance from DESE.
Additionally, school districts should consider contacting legal counsel to assess whether any DEI programs expose their school district to potential legal risk under Title VI or other state and federal laws.
We’re Here to Help
At Mickes O’Toole, we are available to discuss the current DOE’s directives and any potential legal risk under Title VI or other state and federal laws.
