Minnesota Department of Education Commissioner Willie Jett sent a letter responding to the U.S. Department of Education’s request last week for all state and local education leaders to certify compliance with Title VI, a federal law that prohibits racial discrimination in schools and universities that receive federal funds. In summary, MDE has rejected the DOE’s request to sign the letter and has challenged the DOE’s authority to require it as a condition of receiving federal funds.
After noting that “MDE has been faithfully implementing federal education programs in accordance with federal law and will continue to do so,” Commissioner Jett states that DOE lacks the authority to impose new requirements on states or school districts without following the rulemaking procedures required under federal law. MDE also expresses concern that DOE has failed to indicate which diversity, equity and inclusion practices it considers illegal, and requests that it do so, since the state has a right to notice of actions that could subject them to a loss of federal funds.
MDE has not provided the certification letter to local school district or charter school leaders, but has instead provided school leaders a copy of its response to DOE, which lays out the legal problems with its request. We are not aware of any districts that have chosen to sign the certification independent of MDE, but if you are aware of any that have, please let your field staff know or complete this survey form.
