As we informed you on April 3, 2025, the U.S. Department of Education sent letters to State Education Agencies (SEAs), including ISBE, requiring the SEAs to certify that their schools are in compliance with Title VI of the Civil Rights Act of 1964 and the U.S. Supreme Court decision in Students for Fair Admissions v. Harvard as a condition of continued receipt of federal funds. The SEAs are responsible for reporting on their state’s compliance overall and for collecting certification responses from their K-12 school districts. Initially, SEAs had 10 days to respond, but that deadline was extended to April 24, 2025. Further, pursuant to an interim agreement in a lawsuit by the National Education Association and other plaintiffs filed in federal court in New Hampshire challenging this certification requirement, the Department has agreed not to initiate any enforcement action related to this certification directive until after the April 24th deadline has passed.
On April 9, ISBE sent a letter to the Department in response to the certification directive. In sum, the letter informs the Department that ISBE already has certified that it complies with Title VI and, therefore, ISBE will not submit the certification form. It also requests that the Department provide the legal authority for requiring individual certifications from school districts. Finally, the letter raises legal issues regarding the Department’s certification request and position on “DEI practices.” Based on the content of ISBE’s letter, individual school districts do not need to take any steps related to the Department’s Title VI certification request at this time.
We will continue to closely monitor this matter. Please contact Heather Brickman or Jennifer Rosenberg, or any HLERK attorney, with any questions.
