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April 14, 2025
DEEP DIVE: More than Meets the Eye: Considerations for State and Local Education Leaders Regarding USED’s New Title VI Certification on “Illegal DEI”
In this new Deep Dive, EducationCounsel explains several concerns surrounding the Department of Education’s (USED) April 3 notice to state education agencies “requiring” new certifications indicating that they will not violate Title VI of the Civil Rights Act of 1964 through “illegal DEI practices.”
Three key points:
- USED’s vague and broad references to “DEI” make it hard to know what the certification actually means.
- USED’s new, additional “certification” may increase exposure to claims under the civil False Claims Act.
- USED’s new certification raises multiple procedural concerns regarding the rights of states and districts.
You can find more detailed summaries and initial analyses of executive actions through April 7 in our ongoing Executive Actions Chart. All of EducationCounsel’s resources related to the Administration’s executive actions are now available in one place by clicking here or clicking on the blue banner at the top of our webpage. Please share any and all of our resources with your networks and anyone who might find them helpful.
Finally, please note that these developments are sometimes changing rapidly so information may become outdated, and nothing in these resources constitute specific legal advice.
Click here to access More than Meets the Eye.
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.