UPDATE!!!!!!!!!

Dear friends,

Thank you so much for signing on to our original letter calling on the Vermont Agency of Education to reject the federal reinterpretation of Title VI. Your support helped raise urgent public concern, and your voices made a real impact.

In response to fast-changing developments—including the AOE’s April 4 directive, and their April 7 public statement co-signed by Attorney General Charity Clark—we’ve updated the letter to reflect the current moment.

What’s new in the letter:

• Acknowledges that AOE has now said it will certify on behalf of all districts
• Responds directly to the April 7 statement
• Adds specific demands for Attorney General Charity Clark
• Reaffirms our refusal to allow Vermont to quietly comply with this harmful federal directive

Here is the new letter; https://docs.google.com/document/d/1sNoWJUB4JXQg2FNWrqivkKHY3xSDiorOHGlnyNrKaiE/edit?usp=sharing

You don’t need to re-sign, bhttps://docs.google.com/document/d/1sNoWJUB4JXQg2FNWrqivkKHY3xSDiorOHGlnyNrKaiE/edit?usp=sharingut if you or your organization would like your name removed, updated, or edited, just let us know by [insert deadline/date].

If you’re still with us (and we hope you are!), we’ll move forward with your signature included in this updated letter as we take it public.

We are inviting Vermont-based organizations, legislators and school districts to sign onto an open letter urging the Vermont Agency of Education to rescind its April 10 certification requirement, which threatens DEI efforts in our public schools and misrepresents federal civil rights law. This letter responds to recent federal and state directives that could undermine inclusive education statewide. If your organization would like to sign on, please provide your organization name and the name/title of the authorized representative by Tuesday at 2:00 PM, April 8, 2025.

ADD YOUR NAME HERE:

https://forms.gle/S3qtsmnY6N66YgNM8

Open Letter to the Vermont Agency of Education: Upholding Our Commitment to Diversity, Equity, and Inclusion

To: Secretary Zoie Saunders, Vermont Agency of Education

CC: Vermont State Legislators and Concerned Vermonters

Date: April 5, 2025

We, the undersigned organizations of Vermont, write to express our deep concern and firm opposition to the directive recently issued by the Vermont Agency of Education (AOE), in response to the U.S. Department of Education’s April 3, 2025 letter, “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard.”

This certification demand, and AOE’s acceptance of it as routine, represents a fundamental distortion of civil rights law. It threatens Vermont’s long standing commitment to inclusive, equitable education and aligns our public schools with a national effort to chill Diversity, Equity, and Inclusion (DEI) work under the pretense of Title VI enforcement. We call on AOE to rescind its directive that supervisory unions/districts provide certifications to AOE, and to make clear that Vermont – like its neighbor states – will not yield to unlawful federal attempts to undermine DEI.

Our Concerns

1. This is Not “Just Compliance”

AOE’s April 3 communication framed the certification as reaffirming existing law, stating:

“We do not view this Certification to be announcing any new interpretation of Title VI… Based on our initial legal review, the certification requires us to reaffirm our compliance with existing law.”

In reality, the Department of Education’s directive signals a novel and aggressive interpretation of Title VI, tying it to the Supreme Court’s 2023 ruling in Students for Fair Admissions v. Harvard (SFFA). The DOE demands that states and districts not only comply with Title VI, but explicitly acknowledge that certain DEI practices may now be considered illegal.

The Certification warns of severe consequences for “violations,” including:

• Termination of federal funding
• Breach of contract litigation
• Liability under the False Claims Act, which could result in treble damages and civil penalties per violation.^[1]

This is not a routine reaffirmation. It is a high-stakes legal threat.

2. Distorting Title VI and DEI Programs

The “third clause” in the AOE’s compliance requirement is especially concerning because it attempts to reframe equity work as discriminatory—a move that misinterprets both the letter and spirit of the Civil Rights Act.

The DOE asserts that even “the use of DEI programs to advantage one’s race over another” may be illegal under Title VI, without clarifying what constitutes a violation. This vague framing opens the door for subjective enforcement that undermines inclusive practices.

The DOE’s Certification states:

“The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences.”

In fact, the State of Vermont has already explained how the Administration’s actions targeting DEI programs warp and subvert civil rights protections in ways inconsistent with the law. Our Attorney General has co-authored guidance that explains why DEI programs in the workplace are generally lawful, and advance – rather than violate – civil rights.^[2] The same principles apply equally to schools – and AOE should not ask districts to commit to an interpretation of civil rights laws that contradicts parallel advice Vermont has given to employers.

3. Weaponizing the False Claims Act

Among the most concerning developments is the DOE’s invocation of the False Claims Act (FCA) to penalize schools for equity work. The letter warns:

*“Submissions of claims for money… when an entity is not in compliance with Title VI due to certain DEI practices subjects the entity to liability under [the] False Claims Act.”*^[3]

The FCA is traditionally used to combat fraud — not inclusion efforts. This novel legal argument is designed to instill fear and deter districts from maintaining DEI initiatives. It represents an escalation of federal overreach into state education policy.

4. Courts Have Already Blocked Similar Efforts

In 2020, Trump’s executive order banning DEI training for federal contractors was swiftly challenged. In Santa Cruz Lesbian and Gay Community Center v. Trump, a federal judge granted a preliminary injunction, ruling the ban likely violated the First Amendment and was unconstitutionally vague under the Fifth Amendment.³

This precedent affirms that attempts to redefine equity as “discrimination” are not only misguided — they are likely unconstitutional.^[4]

5. AOE’s Messaging Minimizes the Harm and Legitimizes the Administration’s Unlawful Acts

AOE’s communication describes the certification as simply aligning with existing law and advised superintendents that questions could be raised “on Tuesday” — despite the fact that certifications are due April 10, just days later. This approach fails to acknowledge the seriousness of the request and its legal implications.

AOE also quoted the DOE’s FAQ, stating:

“Whether a policy or program violates Title VI does not depend on the use of specific terminology such as ‘diversity,’ ‘equity,’ or ‘inclusion.’”

This highlights the danger: even programs that do not use the language of DEI may be targeted if perceived to have a race-based impact — however unintentionally.

6. A Harmful Clause That Undermines Public Education

The Certification includes a clause that reads:

“The Secretary of Education shall… take all necessary steps to facilitate the closure of the Department of Education and return authority over education to the States…”

This clause echoes extremist political goals aimed at dismantling the federal role in education. Its inclusion in a Title VI certification document raises serious concerns about the DOE’s current priorities — especially as it threatens the very agency tasked with upholding civil rights protections.

7. Our Neighboring States Are Refusing to Comply

• New York: Refused to sign the Certification, stating the DOE lacks the legal authority to impose these conditions or to terminate funding without due process.^[5]
• Massachusetts: Governor Maura Healey and Attorney General Andrea Campbell issued joint guidance reaffirming the state’s commitment to DEI.^[6]
• Maine: Maintains its DEI programming and state protections for LGBTQ+ and BIPOC students despite federal pressure.^[7]

Vermont’s failure to be consistent with our own values and approaches to education, and our failure to join with these states threatens to erode our reputation as a leader in civil rights, public education, and community care.

Our Demands

1. Rescind the Compliance Certification Requirement.

We urge the AOE to immediately withdraw the April 10 directive and publicly reject the harmful reinterpretation of Title VI promoted by the U.S. Department of Education.

2. Affirm a Commitment to Diversity, Equity, and Inclusion in Vermont’s Schools.

We ask the AOE to make an unequivocal public statement supporting diversity, equity, inclusion, and anti-racism work in schools, aligned with Vermont’s educational values and legal obligations. Reaffirm implementation of the Education Quality Standards due to go into effect this June and articulate supports that are specific to the issue of DEI that will be available to districts along the way. Reaffirm alignment with Title VI through this lens.

3. Establish Consistent Community Contact through the AOE regarding Vermont’s ongoing approach to the existing and future federal decrees that threaten this work and our students.

The AOE must develop formal, ongoing communication channels with educators, students, families, and equity advocates to ensure all future policy decisions reflect the needs and values of impacted communities. Further, this compliance demand is a significant and deeply harmful missive that was casually included in the weekly Friday memo with a note that superintendents could “follow up on Tuesday” if they had questions. This approach is dehumanizing, minimizing, and speaks to the AOE’s lack of sincerity, support, and proper guidance for school districts on what is a deeply impactful and problematic requirement. This flippant approach needs to change and we expect our AOE to lead in a way that is inclusive, supportive and responsive to the needs of Vermonters.  

4. Strengthen Support for Vulnerable Students.

Finally, we urge the AOE to increase protections and resources for students facing the greatest barriers to learning—students on IEPs, students experiencing homelessness, students of color, and transgender youth. Since 2016, Vermont has seen alarming increases in bullying, harassment, and unmet needs among these populations^[8], and this has only worsened since Trump took office.  Rather than retreat from equity work, now is the time to expand it to ensure every student is safe, seen, and supported in our schools.

Conclusion

We cannot allow anti-equity ideologies to be repackaged as civil rights enforcement. The April 3 Certification and AOE’s response reflect a dangerous turn away from inclusion, legal precedent, and public values. True compliance with Title VI means standing against discrimination — not undermining the programs that work to end it.

We urge Vermont’s leaders to act with courage and integrity by rejecting this mandate and protecting equity in education for all.

Sincerely,

Organizations

Amanda Garces, Co-coordinator, Coalition for Transforming School Safety and Former Chair of the Act 1 Working Group

Mia Schultz, President, Rutland Area Branch of the NAACP

Dr. Etan Nasreddin-Longo. Director, Office of Fair and Impartial Policing and Community Affairs, Vermont State Police. Chair, Racial Disparities Advisory Panel

Alanna Dorf, Maplehill School and Farm

Addie Lentzner, Vermont Student Anti-Racism Network

Alison Nihart, Rights and Democracy

Lisa Wright, OSEA Support Staff President

Hannah Miller, TeachOut Vermont

Alyssa Chen, and Kayla Loving, Education Justice Coalition of Vermont

Robin Rieske, Consulting Works!, LLC

Jane Halbeisen, Jay-Westfield School

Ashley Smith, Vermont Tempest Collective

Avery Book and Karen Saunders, Vermont Workers Center President and Vice President

Michelle Fay, Voices for Vermont Children

Jamilah Vogel, Vermont Equity Educators Collective (VEEC)

Brandon Diaz, Old School of South Burlington

Wayland Cole, Colchester High School

Swift Everdy, The Garland School

Lauren Kellar, Colchester Education Association

Liz Blum, Jewish Voice for Peace VTNH

Tracey Whiterspoon, Twinfield Union School

Erin Barry, Twinfield Union School Vice Chair

Wendy Jean Windle, WSESD/Putney Central School

Jen Linck, Craftsbury Schools

Representatives

Representative Troy Headrick, State Representative, Chittenden -15

Representative Esme Cole, Vermont House Representatives

 RepresentativeMari Cordes, Vermont General Assembly

Representative Angela Arsenault, House of Representatives

Representative Kate Mccann, State Representative

Representative Kate Logan, Vermont House of Representatives

Representative Jubilee McGill, VT General Assembly

Representative Laura Siblia, Vermont General Assembly

Representative Chloe Tomlinson, State Representative, Chittendent -21

Representative Elizabeth Burrows, Vermont House of Representatives; Windsor Southeast Supervisory Union; and Mount Ascutney School District

Representative Mary-Katherine Stone, Vermont General Assembly

Representative Chea Waters Evans, Vermont House of Representatives

Representative Emily Krasnow, General Assembly

 Senators

Tanya Vyhovsky, VT State Senate