LOUISVILLE, Ky. (WDRB) -- Jefferson County Public Schools did not sign a letter from the U.S. Department of Education concerning diversity, equity and inclusion programs, which could impact millions of dollars in federal funding for the district.
The certification letter went to school administrations across Kentucky last month as a “reminder of legal obligations ... in exchange for receiving federal financial assistance.”
It asks districts to agree not to engage in "illegal DEI practices," but doesn't explain what those practices are. That created confusion among educators across the state, given the government's recent directive to eliminate DEI practices from schools nationwide.
The letter cites the federal Civil Rights Act, which prohibits state agencies receiving federal funds from denying access to programs based on race, color or national origin.
JCPS Superintendent Dr. Marty Pollio sent a letter in response, acknowledging the school's compliance with DEI policies and included documents as evidence.
The district, which is the largest in Kentucky, created its office of Diversity Equity and Poverty in the 1980s, long before DEI became the political flashpoint that its grown into today.
The Jefferson County Board of Education passed its first racial equity policy in 2018, meant to address racial disparities and close achievement gaps. In an video on the district's website, Chief Equity Officer Dr. John Marshall explained the effort focused in five areas: curriculum and instruction, staffing, culture and climate, access to programs and operations in the central office. Every school now has an equity report card posted to the JCPS website.
A notable change that grew out of the district's 2018 racial equity policy is the use of a Racial Equity Analysis Protocol also known as a REAP. It's a set of questions to be considered when leaders make decisions that impact students to see if that idea or initiative marginalizes or negatively influences a group of students.
JCPS has 166 schools and roughly 96,000 students, a majority of which identify as students of color.
In Hardin County, Superintendent Teresa Morgan did sign the letter. However, she noted it is "with great disgust and sadness" that the document was being signed.
Morgan went on to say that "Withholding federal funds from the neediest students" only further divides the country.
Districts had until April 24 to respond to the letter. According to the Kentucky Lantern, nearly all Kentucky public schools signed the compliance form, with the exception of JCPS and Fayette County. The Lantern also reported that Kentucky Education Commissioner Robbie Fletcher did sign the form, but added that it "is not without issues." The KDE has not suspended or paused any existing DEI programs.
Kentucky lawmakers passed legislation this session to ban DEI programs and policies at all public universities. While it was vetoed by Gov. Andy Beshear, the Republican majorities in the House and Senate overrode the veto, putting House Bill 4 into law.
April 24, a federal judge blocked directives from President Donald Trump's Administration that threatened to cut federal funding for public schools with DEI programs.
The ruling came in a lawsuit brought by the National Education Association and the American Civil Liberties Union, which accused the president's administration of giving "unconstitutionally vague" guidance and violating teachers' First Amendment Rights.
That same day, a second judge in Maryland postponed the effective date of some U.S. Education Department anti-DEI guidance, and a third judge in Washington, D.C., blocked another provision from taking effect.
These rulings came after the education department told schools in February that they needed to end any practice that differentiates people based on their race. In early April, it ordered states to gather signatures from local school systems certifying compliance with civil rights laws, including the rejection of what the federal government calls "illegal DEI practices."
The directives do not carry the force of law but threaten to use civil rights enforcement to rid schools of DEI practices. Schools were warned that continuing such practices “in violation of federal law” could lead to U.S. Justice Department litigation and a termination of federal grants and contracts.
U.S. District Court Judge Landya McCafferty in New Hampshire said the April letter does not make clear what the department believes a DEI program entails or when it believes such programs cross the line into violating civil rights law. “The Letter does not even define what a ‘DEI program’ is,” McCafferty wrote.
The judge also said there is reason to believe the department's actions amount to a violation of teachers' free speech rights. It's unclear at this time what the next steps in that legal battle will be.
The April letter came less than a month after the U.S. DOE sent a memo Feb. 14 giving school districts across the country 14 days to essentially end their DEI programs or lose federal funding.
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Copyright 2025 WDRB Media. All Rights Reserved. The Associated Press also contributed to this report.
