Superintendent,
We have been made aware of a message you should have received from the Federal Department of Education, via the Department of Public Instruction, regarding compliance with Title VI. The LEAs in the state can certify compliance regardless of the actions of State Superintendent Jill Underly. The deadline is coming up shortly in a couple of hours and we encourage you to take action as soon as possible to ensure continuation of federal funds. Our apologies on the lateness of this e-mail but we were just made aware of this communication and understand that you have as well.
Please feel free to reach out to my office if you have any questions.
State Senator
John Jagler
Please find information relevant to the U.S. Department of Education Title VI Compliance Certification below. The Department requests that you also inform your constituent Local Education Agencies of the contents of this email.
This is a reminder that the deadline to certify compliance with Title VI of the Civil Rights Act is close of business on April 24. We are pleased to see many SEAs and LEAs have confirmed that they are compliant with Title VI, and we look forward to working together to ensure that no students face unlawful discrimination inside and outside of the classroom.
LEAs that want to ensure that their certifications have been received by the Department may send their certifications to the U.S. Department of Education’s Office of Civil Rights directly at OCR@ed.gov.
Note that Title VI of the Civil Rights Act of 1964 requires educational entities that receive federal funds to comply with its antidiscrimination provisions. That commitment is not contingent upon when these entities signed their grant agreements. It is a permanent condition of receiving financial assistance.
Note that schools can and should prioritize their students’ civil rights protections and maintain educational autonomy to determine what is best for students, families, and educators in their communities while followingfederal law. The NewHampshire Department of Education has provided an example of this kind of leadership. It created a custom page on its website that publicizes the compliance certifications of every LEA in the state. The page is easily navigable and could serve as the gold standard for states to demonstrate transparency and accountability.
Finally, note that the Code of Federal Regulations, at 34 CFR § 100.6, empowers the Department’s Office for Civil Rights to ensure compliance with Title VI, including by requesting certifications like this one. The suggestion that the federal government lacks authority to verify compliance with federal civil rights laws as a condition of federal funding are categorically false. The authority to seek verification of compliance is essential to, and inherent in, the agency’s enforcement responsibility.
We look forward to receiving confirmation that you are in compliance with Title VI. If you have any questions, please contact OCR@ed.gov.
