School leaders are still trying to find out what, if anything, a February letter from a federal agency means for diversity, equity and inclusion efforts in Arlington.
A Feb. 14 letter from the U.S. Department of Education gave institutions an April 12 deadline to comply with a new interpretation of “nondiscrimination obligations” in order to continue receiving federal funding.
However, a lawsuit from the National Education Association and the American Civil Liberties Union has pushed that deadline back to later this month — and left school systems like Arlington Public Schools unsure about what the federal government will require.
For now, the local school district is in limbo, Superintendent Francisco Durán told School Board members last Thursday.
“We are reviewing the certification requirement from the U.S. Department of Education, and will be responding,” he said.
The February letter notified institutions nationwide that they must cease “using race preferences and stereotypes as a factor in their admissions, hiring, promotion, scholarship, prizes, administrative support, sanctions, discipline, and other programs and activities.”
“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,” the letter said.
It accused DEI programs of “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming and disciple.”
The ACLU and NEA have argued that the Education Department overstepped its authority, unlawfully trying to restrict academic freedom and dictate curriculums.
The mission statement for the APS Office of Diversity, Equity, and Inclusion sets goals for “a school community where diversity is celebrated, equity is ensured, and inclusion is practiced every day and in every setting.”
“We are committed to creating and sustaining an educational and working environment where diversity, equity, and inclusion are the foundation of our daily interactions and institutional policies and practices (PIPs),” it says. “This commitment will prepare our students and professionals to thrive in a diverse world, equipped to contribute meaningfully and lead with empathy and understanding. ”
The next hearing in the federal lawsuit is set for Thursday, with a ruling possible next week.
“We will monitor the hearing on the 17th, which may change requirements for the certification,” Durán said.
The superintendent said he believes APS is “in full compliance” with federal law.
“We stand by our current practices,” he said.
APS receives just under 3% of its overall budget from the federal government. The loss of some or all of that funding would require school leaders potentially to make cuts, Durán said.
While the DEI issues plays out in court, APS remains one of five Northern Virginia school divisions currently under investigation by the Department of Education for their nondiscrimination policies related to transgender students.
The investigation was triggered by an America First Legal complaint against the school systems of Arlington, Fairfax, Loudoun and Prince William counties and the city of Alexandria.
The complaint contends that policies enacted by the school systems violate Title IX of the federal Higher Education Act of 1972.
APS adds another tool for attendance monitoring
APS is adding another tool in its efforts to reduce the rate of chronic absenteeism among students.
Starting April 22, parents whose students have been absent 10 and 15 days will begin receiving text-messages from the school system, alerting them to the situation.
The messages will come regardless of whether the absences were excused or unexcused. They are designed to provide another contact point with parents over the importance of regular attendance.
“Awareness and communication is key,” Durán said at the April 10 School Board meeting.
He said the text-message initiative is “a new feature” but “isn’t the only feature” to get parents’ attention focused on regular attendance.
Another tool will be implemented April 28, providing parents with an online quarterly attendance report so they can compare their children’s level of absences with their grade-level peers.
State education officials define chronic absenteeism as a student being out of classrooms more than 10% of the time, or 18 days per school year.