A month after his vote derailed a resolution calling for compliance with the federal discrimination laws, USD 469 Board Member Jeff Bollin reluctantly switched sides and supported certifying the district’s compliance. The 4-3 vote on the latest Education Department “reminder” went to all state education agencies (SEAs) urging them to collect certifications from local school boards, while verifying their own compliance as well.
The latest directive from the federal department is at least the fourth this year on the subject of Diversity, Equity and Inclusion (DEI), following the “Dear Colleague” letter, a Frequently Asked Questions explanation of that letter, the April 3 “reminder” and a news release urging certifications within ten days of that letter, and carried with it a veiled threat of the loss of federal funding for non-compliance with federal discrimination laws. USD 469 receives some $2.1 million in federal money.
Board Member Amy Cawvey, whose resolution was defeated last month, said she had sought guidance from the Kansas Department of Education (KSDE), but had received none.
It was that lack of direction from the state that concerned Bollin in the board’s discussion prior to the vote:
“The way I read it is that the Dear Colleague letter is basically saying, you need to follow the law, and additional legal guidance will follow based on all the different items that are in the executive order, which, for education, I counted at least 11 documents. Later, Bollin asked if KSDE had provided further legal guidance and Cawvey confirmed it had not.”
After his vote, along with Cawvey, Mary Wood, and Kirsten Workman, provided the majority on the certification issue, we asked Bollin to comment on what changed his “No” to a “Yes.” He did not respond.
Cawvey said she was pleased by this month’s vote:
“I am relieved that the majority of the board, although narrowly, voted to comply to the latest directives from the Department of Education regarding removing harmful DEI policies and curriculum by signing and returning this letter certifying our district’s compliance. The Dear Colleague letter followed up by the DOE frequently asked questions clearly identifies what is not permitted.
“As stated in the directive, a school should never use a student’s race as a ‘stereotype or negative.’ This means schools cannot assume that a person’s race necessarily implies something about that person, including something about that person’s perspective, background, experiences, or socioeconomic status.
“By not complying our district stood to lose $2.1 million in annual federal funding. Does the inaction by KSDE mean that they are willing to risk losing federal funding?
“I am disappointed by the idleness of our Kansas Department of Education regarding this directive. When I reached out to Dr. Watson, I was told legal was ‘still reviewing the deadline for compliance; however, (it) has now passed.”
