On April 7, 2025, the Ohio Department of Education and Workforce (DEW), on behalf of the U.S. Department of Education (USDOE), issued notification of a new federal requirement for school districts to certify compliance (the “request for certification”) with U.S. civil rights laws. This is part of a nationwide requirement announced by USDOE on April 3, 2025, and continues its efforts to combat diversity, equity, inclusion, and accessibility (DEIA) programs. Included in the request for certification are traditional public school districts, including city, local and exempted village school districts, joint vocational school districts, community schools, and educational service centers. DEW has indicated that, according to USDOE, failure to certify compliance by 11:59 p.m. on April 18, 2025, may jeopardize a district’s access to federal funding.
On April 7, 2025, the National Education Association (NEA) filed an emergency motion in the U.S. District Court of New Hampshire for a temporary restraining order to block the USDOE compliance certification request. The NEA has requested the court provide a decision by Thursday, April 10, 2025, at 4:00 p.m.
In addition to the pending legal challenge, at least two states have already refused the request for certification. On April 4, 2025, the New York State Education Department (NYSED) issued a letter to the USDOE, stating that it will not respond to the request for certification, as it has already provided certifications and assurances of compliance with Title VI through other legally required compliance channels. The Minnesota Department of Education (MDOE) issued a similar letter on April 7, 2025. The letters from NYSED and MDOE both argue that the USDOE has not defined what DEI practices violate Title VI, and it cannot enforce a new interpretation without proper rulemaking procedures. They also question the USDOE’s authority to demand that their state agencies obtain individual certifications of compliance from local districts.
In determining how to respond to the request for certification, school districts should work with counsel to assess the certification request, any current district policies and practices related to DEIA, and existing legal authority regarding such programs. In addition, districts should be aware of the USDOE’s recent Dear Colleague Letter, a set of FAQs regarding the Dear Colleague Letter, and the press release about the request for certification. Districts should also consult with counsel regarding the numerous ongoing legal challenges to the Trump administration’s executive orders related to DEIA programs, which may affect decisions related to such policies and practices.
Please feel free to reach out to Eric Johnson, Russell Rendall, or any of the attorneys in Weston Hurd’s Education Law Group to discuss further. We would be happy to assist your administrative teams in navigating these complex challenges.
