Albemarle and Charlottesville react to federal order to eliminate ‘certain DEI practices’

CHARLOTTESVILLE, Va. (WVIR) - The Department of Education is telling school districts across the country that they must eliminate all forms of “impermissible” diversity, equity, and inclusion, or DEI, practices.

If schools do not comply by April 23, they risk losing key federal funds.

The question is, though, what qualifies as an “impermissible” DEI program?

“We have a lot of practices in place to support various students,” said Beth Cheuk, Supervisor of Community Relations with Charlottesville City Schools. “None of them discriminate on the basis of race or any other category.”

Cheuk says that, at this point, barring any objection from legal counsel, they are planning to sign the document.

The certification does not ban all DEI practices, just those that “advantage one’s race over another.” Cheuk says that type of DEI does not exist at Charlottesville schools.

“We are aware of the larger political climate...but our initial sense is that this particular document is a straightforward assertion by schools that they are in compliance with Title VI,” Cheuk said.

Title VI prohibits discrimination on the basis of race, color, or national origin. Both Charlottesville and Albemarle County say their equity programs do not advantage one racial group over another.

“These documents would not change any of the practices that are already going on at Albemarle County Public Schools,” said Helen Dunn, Public Affairs and Strategic Communications Officer. “We are not engaged in any practices that would infringe upon Title VI laws.”

Kimberly Robinson is a professor at University of Virginia’s School of Law and the Director of the Education Rights Institute.

She said that Title VI compliance implicates an array of federal funding, with the largest funds coming from Title I, which provides support to students from low-income families.

Students with special needs also receive a large chunk of federal funding through the Individuals with Disabilities in Education Act, Robinson says.

Robinson says most school districts are likely to sign the document for two reasons: because they understand that their practices are not unlawful, and because some districts will now terminate their DEI practices before the deadline.

“It’s an attempt to get school districts to end DEI programs,” Robinson said. “However, it is clear that many DEI practices do not violate federal civil rights law.”

That’s what Charlottesville and Albemarle say about their own school districts, and both say that signing the document would not spell the end of DEI as a whole.

“Our values are not changing,” Cheuk said. “We are always going to be a place that is welcoming and supportive and inclusive for students.”

Though the spotlight has been thrown on the DEI portion of the document, Robinson says she hopes this will serve as a reminder for school districts of how to broadly employ Title VI among all students.

“I think that many school districts could benefit their students from looking at how they are applying Title VI across their school district to employ it as a tool to support equal educational opportunity,” Robinson said.

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