All three area school divisions are submitting letters to the federal government certifying they do not engage in diversity, equity, and inclusion (DEI) practices — part of a new requirement tied to continued federal education funding.
The certification, mandated by the U.S. Department of Education, was originally due April 11, but the deadline was extended to Thursday, April 24. The letter must affirm compliance with Title VI of the Civil Rights Act, in light of the Supreme Court’s 2023 Students for Fair Admissions v. Harvard decision. According to the Department, failure to submit the letter —o r falling out of compliance — could result in a loss of federal funds.
In Buena Vista, Superintendent Tony Francis said his division submitted the letter without hesitation. “Of course we don’t have any DEI practices,” he said. Francis emphasized that while federal government funding makes up only a small percentage of their school’s budget, even a small amount of aid makes a difference. “Even that amount would cover, for example, a support staff position. We need every bit.”
Lexington City Schools also submitted its certification earlier this week. Superintendent Rebecca Walters said the division did not need to change or cancel any policies. “LCS has not had to change or discontinue any existing policies, division practices, or training programs,” she wrote. Walters said there has been no direct communication about the issue from state or federal agencies.
Rockbridge County plans to submit its certification letter before the deadline. Superintendent Phillip Thompson also said there had been no communication on the issue. “Assuming we proceed with signing the certification, we do not anticipate making any changes to our existing practices, policies, or training programs,” Thompson said.
While all three divisions appear to be in compliance, they share a common frustration: a lack of clear communication from the state or federal level about what exactly counts as a DEI practice.
The directive stems from a February letter issued by the U.S. Department of Education’s Office for Civil Rights, which reinterprets Title VI enforcement in light of the Harvard decision. The letter denounces what it calls a “pervasive” use of race-based programming in schools and claims many DEI efforts violate civil rights law by introducing racial stereotypes or treating students differently based on race — directly or through proxies like essays, program participation, or hiring preferences.
Newly released federal guidance broadens that view even further. The department warns that even race-neutral programs could be unlawful if motivated by what it calls a “racially discriminatory purpose.” Initiatives described as “culturally responsive,” “social-emotional learning,” or “equity-focused” may fall under scrutiny if they are seen as advancing racial preferences or stereotyping.
Still, the department notes that schools can legally observe cultural or historical events such as Black History Month, so long as participation is inclusive and programming avoids racial exclusion or hostility.
