A deadline for public schools to drop diversity efforts came and went Friday with most Johnson County school districts saying they still need more clarity before they can take concrete action.
Spokespersons for five of the county’s six public school districts said officials are looking for help interpreting what exactly the federal Department of Education is demanding of them to keep receiving federal funds.
They appear to be doing so largely on their own. Though some said they were hopeful of guidance from the Kansas Department of Education, a spokesperson for the state department said no guidance has been issued.
The Kansas Association of School Boards also has not taken a position on the letter.
The federal letter itself, dated Feb. 14, mentioned additional legal guidance “in due course,” but it so far has not materialized.
What did the federal directive say?
The letter, written by Craig Trainor, acting assistant secretary for civil rights for the U.S. Department of Education, gave an ultimatum that threatened loss of federal funding if a district did not “comply with existing civil rights law.”
The department would begin assessing compliance after 14 days, it said, which would have been Friday, Feb. 28.
The directive also served notice that the department is interpreting civil rights law that appears to expand on a recent U.S Supreme Court decision that ruled the use of racial preference in college admissions unlawful.
Trainor’s letter contends that the high court’s 2023 decision regarding Harvard University’s admission’s standards sets a framework for how to view other actions by government officials.
According to the letter, federal law prohibits using race as a factor not only in admissions, but also in hiring, scholarships, prizes and administrative support.
“Put simply, educational institutions may neither separate or segregate students based on race, nor distribute benefits or burdens based on race,” Trainor wrote.
Trainor’s letter was also critical of programs that “discriminate in less direct but equally insidious ways.”
The letter gave as an example DEI (diversity, equity and inclusion) programs that “preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not.”
The letter concludes by advising educational institutions to have policies that “comply with existing civil rights law,” but does not offer more specific examples of programs that fall under the Department of Education’s interpretation.
The federal directive prompted Johnson County Community College in Overland Park to disband its two-year-old Office of Inclusion & Belonging on Friday, the same day as the deadline mentioned in the letter.
In a letter to staff, JCCC Interim President Judy Korb said failure to comply with the order “could risk federal financial aid funding for our students and this is not an option.”
Shawnee Mission’s recent efforts on DEI
Some local K-12 districts have put considerable effort in recent years into supporting diversity training for staff and welcoming policies for students, maybe none more so than Shawnee Mission.
SMSD currently has a Diversity, Equity, Inclusion and Belonging coordinator as a staff position, and has incorporated DEI into its five-year strategic plan.
On its website, the district advertises its commitment to creating a welcoming culture.
“We will not accept an unwelcoming or unsafe environment for our students and staff,” the district says. “We envision a district where every student is encouraged to achieve their highest potential, and where we can maximize our differences to achieve excellence. We will fully embrace our rich, diverse community.”
A Diversity & Inclusion Event Calendar promotes upcoming events, including a Multicultural Night at Overland Park Elementary and a World Showcase at Rushton Elementary in Mission later this month.
The district also has established affinity groups for LGBTQ, Latino, Asian and Black staff members that “serve as supportive spaces where employees with shared identities or interests” can voluntarily get together.
It’s unclear what, if any, impact the federal directive would have on such school-based activities or groups.
The issue of diversity and equity has also been the focus of a culture war of sorts within the Shawnee Mission district in recent years, with supporters of such DEI efforts largely winning out.
In school board elections in 2021 and 2023, candidates voicing support for the district’s diversity efforts both times swept candidates opposed to the programs and staff training.
Still, the district has had to defend itself against a federal civil rights lawsuit filed last year by a Shawnee Mission North High School teacher who alleged SMSD’s policies on race and diversity violated her freedom of speech and religion.
How are JoCo districts responding to federal DEI letter?
The amount of federal funding school districts receive varies across Johnson County depending on enrollment numbers and several other factors, like the percentage of students who qualify for free or reduced meals based on families’ household income.
Still, millions of dollars could be on the line if federal officials follow through with threats to cut off funding unless DEI programs are dropped.
Shawnee Mission, for instance, says about 4.2% of the budget for this academic year comes from various federal sources, totaling more than $15 million.
In Olathe it’s higher: nearly 6% of its annual budget comes from the federal government, totaling roughly $30 million, according to budget documents.
The letter’s vagueness about what programs could be affected and what legal rulings support its interpretations make it difficult to understand, said SMSD spokesperson David Smith.
He added that the district has long complied with federal requirements that prohibit discrimination.
“The work that SMSD has engaged in and currently is engaged in around diversity, equity and inclusion is not discriminatory in any manner,” he said in an email. “Our work is founded on the principle that all students and all staff should feel a sense of belonging.”
The Olathe school district also has made diversity and inclusion a part of its strategic plan and culture.
The district has a Department of Culture and Belonging and an advisory council made up of parents, teachers, administrators and community members, according to its website.
The district is watching closely for new mandates at every level that impacts public education, said spokesperson Erin Schulte.
“While we may not have an immediate answer to new mandates or orders, we will continue to partner with the Kansas Department of Education to ensure we have the most accurate information and guidance,” she wrote in an emailed response.
“As a school district we will continue to prioritize the education, well-being and safety of our students and staff,” she added.
Officials at Blue Valley and Gardner-Edgerton schools say they, too, are awaiting more guidance.
In USD 232 in De Soto, spokesperson Alvie Cater said, “We are not in a position to respond or speculate. Our district will continue its mission to prepare all students for their future through excellent, innovative learning opportunities with caring, dedicated and passionate staff in a safe and secure environment.”
