Image Credit: TDOE
The Tennessee Conservative [By David Seal] –
The United States Department of Education, Office of Civil Rights (USDOE/OCR) issued a stark warning to publicly funded schools on February 14, 2025, just three weeks after Donald Trump assumed office. The letter ordered schools to remove DEI by February 28 or potentially face a loss of federal funding.
In part, the USDOE/OCR letter states, “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of “diversity, equity, and inclusion” (“DEI”), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.”
Immediately after the USDOE/OCR letter was issued, AASA The School Superintendents Association issued their own statement with a letter penned by attorney Jackie Wernz which states in part that DOE has no real enforcement power and that its directive exceeds existing law. A link to the AASA Guidance Letter is linked here. OCR Issues Guidance on Title VI Compliance for Districts | AASA
An excerpt from that letter states, “Significantly, the DCL extends well beyond existing law to denounce policies designed to enhance diversity, even if they do not employ racial classifications or intentional racial balancing. Though a footnote concedes that the DCL “does not have the force and effect of law,” it still threatens educational institutions with severe consequences—namely, loss of federal funding—for noncompliance.”
In other words, keep up the DEI practices in your school system, continue indoctrination in-house or by third-party contractors, and don’t lose any sleep over getting caught or facing enforcement. Wernz’s letter also states that USDOE or the Office of Civil Rights “have no easy way to carry out their threat.”
According to a recent news report by The Tennessee Lookout, school systems across the state are looking for additional guidance from state or federal officials before they act on any suggested changes or recommended policies.
The Education Counsel made a series of statements that severely undermine the USDOE/OCR directive to eliminate DEI and indoctrination. It is important to examine all three of their main arguments. They are as follows.
“First, all efforts to advance diversity, equity and inclusion goals are not, as the Dear Colleague letter seems to suggest, categorically unlawful.”
“Second, the skewed and incomplete discussion of the U.S. Supreme Court’s decision in SFFA v. Harvard/UNC (one of only two cases cited, at all) telegraphs the political taint of the letter.”
“Third, the Acting Assistant Secretary’s threat of imminent action—taking “appropriate measures to assess compliance with the [relevant laws] based on the understanding embodied in this letter” (emphasis added)—is significantly undercut by his recognition that this correspondence “does not have the force and effect of law and does not bind the public or create new legal standards.”
To summarize the letter issued by the Education Counsel, the USDOE/OCR letter is “overreaching and misleading.”
The AASA website is linked here.
For reference, The Tennessee Conservative News reached out to the Director of Jefferson County, Tennessee schools inquiring about their receipt of the USDOE/OCR letter and the AASA responding guidance letter. Their response is as follows. “I have not received either of the referenced letters.” – said Dr. Tommy Arnold, Director of Schools
It is unclear how many school systems in Tennessee received the USDOE/OCR letter.
It is abundantly clear that school systems are unlikely to take decisive action on DEI in the near term.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and past Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
