Dear School District Leaders,
As you are aware, on April 3, 2025, the U.S. Department of Education (“DoE”) sent letters to State Education Agencies (SEAs) requiring them to certify compliance with antidiscrimination obligations in order to continue receiving federal financial assistance. (Press Release and Certification Form) As explained in a Dear Colleague Letter and FAQ issued earlier by DoE, educational institutions receiving federal financial assistance were directed to “cease using race preferences and stereotypes as factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline, and other programs and activities”, as such practices would be inconsistent with the U. S. Supreme Court case, Students for Fair Admissions v. Harvard and Title VI’s anti-discrimination requirements.
For Wisconsin school districts, DoE charged the Wisconsin Department of Public Instruction (“DPI”) with the responsibility of collecting Certification Forms from Wisconsin school districts and certifying compliance directly with DoE. DPI responded to DoE’s directive raising several issues and seeking clarification on the purpose and legal basis for the request. DoE did not respond. On April 20, 2025, DPI notified Wisconsin school districts that they would reiterate Wisconsin’s compliance with state and federal laws but would not be collecting certifications from school districts in Wisconsin.
On April 23, 2025, DPI published an updated communication in response to DoE’s April 22 directive. In the updated communication, DPI reaffirms its previous stance on DoE’s certification request, i.e., that DPI will not collect certifications from Wisconsin school districts.
In addition, there are presently several lawsuits against DoE challenging, among other things, DoE’s authority to require Wisconsin school districts and/or state education agencies to submit anti-discrimination certifications as a condition of federal funding.
We understand that this situation is challenging for districts as they weigh their options with respect to the looming deadline. We also recognize that these conflicting and confusing communications from DoE and DPI are causing significant confusion and distress for Wisconsin school district leaders and stakeholders who are worried about losing federal funding.
At this time, we believe Wisconsin school districts have the following options regarding DoE’s certification expectations:
- Rely upon the letter submitted to DoE from DPI, which states that DoE has been notified that all Wisconsin school districts are in compliance with state and federal law and maintain a record of that letter as proof of certification status.
- Submit the certification form provided by DoE directly to DPI and/or DoE.
- Submit a modified certification form (see example below) directly to DPI in accordance with DoE’s Certification Request at Thomas.McCarthy@dpi.wi.gov.
- Submit a modified certification form (see example below) directly to DoE at OCR@ed.gov.
If the district chooses option (3) or (4) above, we have drafted the following modified certification language which provides confirmation of Title VI compliance:
“On behalf of _____________________________________________ [School District], I acknowledge that I have received and reviewed the April 3, 2025, Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard, as well as numerous communications from the Wisconsin Department of Public Instruction on this subject.
The School District certifies, as it has done consistently in the past, that the School District is in compliance with and intends to continue to be in compliance with Title VI and all other nondiscrimination laws referenced in the U.S. Department of Education’s, April 3, 2025, communication. The School District understands that compliance with these referenced laws is a condition of receipt of federal funding.
Signature _____________________________ Date ____________________
[Title], [District], [State]”
Districts using the modified certification form should transmit the certification on the district’s official letterhead.
We will continue to monitor the guidance and case law addressing this issue. If you have any additional questions about DoE’s Certification Request or the options explained herein, please contact your RLL attorney.
