JCPS loses $9.7 million federal grant for magnet programs over civil rights violations

LOUISVILLE, Ky. (WDRB) -- Jefferson County Public Schools will lose almost $10 million in federal grants used for magnet programs because of civil rights violations.

The $9.7 million Magnet School Assistance Program grant was awarded to JCPS last year. It allowed programs at Western High School and Coleridge Taylor Elementary to expand. The federal cut comes as the district is already facing a financial crisis with a $188 million deficit.

In copies WDRB obtained through an Open Records Request from JCPS, the U.S. Education Office for Civil Rights notified JCPS in July that the district was in violation of Title VI for "unlawfully considering race, engaging in racial balancing, and by utilizing a funding formula that explicitly discriminates based on the racial makeup of its schools."

The letter said "to qualify for the Magnet Schools Assistance Program (MSAP) grant, Jefferson County must 'not engage in discrimination based on race, religion, color, national origin, sex or disability.'"

The DOE said the district's "Racial Equity Analysis Protocol" used to screen policies that impact students is "racialized" and encourages "race-based decision-making in teaching, school discipline, hiring and contracting."

JCPS defends policy

JCPS defended its policies in a letter dated Sept. 19. The district did ultimately agree to update wording in some policies, including its District Racial Equity Policy, Equal Educational Opportunities and Equal Employment Opportunities. It also revised its funding formula. The response to the DOE said the policy changes would be submitted for review by the Jefferson County Board of Education on Nov. 18, 2025, but last week, the federal government confirmed it will claw back the grant.

In the response, JCPS was critical of the decision to discontinue or threaten the MSAP grant in the middle of the school year because it is "no longer in the best interest of the Federal Government." The letter called it an "arbitrary and capricious, an abuse of discretion, not in accordance with the law, contrary to constitutional right, power, privilege or immunity, in excess of statutory authority, and without observance of procedure required by law."

JCPS maintained it had complied with terms and conditions of the grant and said the Office of Civil Rights' proposed remedial steps to be in compliance would violate the First Amendment protection for free speech.

A final denial of the grant was sent in a letter to JCPS on Sept. 29.

Congressional appeal

Kentucky U.S. Rep. Morgan McGarvey sent a letter dated Oct. 2 to Education Secretary Linda McMahon asking that the MSAP grant money be restored.

"This sledgehammer approach by the Department of Education, while JCPS is actively working in good faith to comply with the Department's Office for Civil Rights' (OCR) requests, is premature, wrong, and reckless," McGarvey wrote.

McGarvey said in the letter that the Office of Civil Rights contacted the district about violations regarding racial equity, discipline and funding.

"Pulling millions of dollars during the school year risks the funding for at least nine employees, including teachers and instructional assistants who directly support students," McGarvey said. He added that the move caused stress for students, parents, staff and faculty as they return for the rest of the fall semester.

He asked that the DOE reinstate the grant immediately.

"JCPS students, educators, and families should not be punished as they work diligently to provide high-quality education for all JCPS families," he wrote.

No further action on the grant has been made public by JCPS or the U.S. Department of Education.

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