LOUISVILLE, Ky. (WDRB) -- Jefferson County Public Schools leaders said they will not make cuts to diversity equity and poverty programs, despite a looming threat from the U.S. Department of Education that could freeze funding. 

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.

The four-page letter was sent from U.S. DOE Acting Assistant Secretary for Civil Rights Craig Trainor to school districts to "end racial preferences."

Download PDF DEI programming memo from US Department of Education to JCPS

JCPS created its office of Diversity Equity and Poverty in the 1980s, long before DEI became the political flashpoint that its grown into today.  

"Our policies do not promote one group over another, it's about removing barriers," Linda Duncan, JCPS board member, said. "Mostly our program is about removing barriers."

The school board 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.

"Our district has dedicated ourselves and admitted that, historically, we have mistreated, marginalized and muted some of our students, particularly our Black students," Marshall said in the video. "In turn, this policy calls for us to make sure that changes."

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.

"I do not think we should change course. We're closing achievement gaps. Children are learning. They're getting resources," board member Gail Logan Strange said. "That's what DEP is all about, doing the right thing." 

JCPS has 166 schools and roughly 96,000 students, a majority of which identify as students of color.

As Friday's deadline looms and the district moves toward making a decision, five out of the seven members of the Jefferson County Board of Education spoke with WDRB about where they stand on cutting DEP.

"I would vote today to maintain this office so that we can maintain the outcomes that we are delivering," said board member James Craig. "And those outcomes today are better than they otherwise would be without this office."

"I don't see any reason to, just because they write ridiculous, threatening things that we should somehow interpret that as marching orders for us," board member Tricia Lister said.

"I think everybody should always ask themselves, 'How is this going to make things better?' That's the question," said Strange. "And I don't see any way that this is going to make things better, to create an equitable education for all students."

As of now, no cuts are planned at JCPS as the district's attorneys review the memo and consult with other large school districts that also have a majority minority student population. 

Rebuking the administration can come at a cost. A JCPS spokesperson said federal funding amounts to at least $160 million in the district's budget. It's spread out over 117 Title I schools which receive extra grant funding for resources like more teachers and training designed to help historically underprivileged kids raise their state test scores. That federal pot of money also provides funding for special education and the district's free and reduced lunch program.

While most voiced support for efforts to improve outcomes, two board members were more tempered in whether DEP, as an office, should stand.

"If we have to change the name in some way, I think we'll still be able to approach this from the angel that we need to," Duncan said. "Because poverty is our primary emphasis here."

"At the end of the day, we're a government entity, and so we need to do the best that we can based on the laws that are brought down to us," said board member Taylor Everett. "And so if we have to change things due to a federal mandate, you know, that's what we have to do. I don't think that changes our commitment to diversity, equity, inclusion. I don't think it changes our commitment to helping the poor. We may just have to do it in a different way."

The DOE memo comes amid mass layoffs at federal agencies, DOGE slashing spending across the federal government and President Trump's plan to shut down the U.S. Department of Education.

A board work session is scheduled for Tuesday. While the memo is not currently listed on the agenda, it is possible the district's response will come up.

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