By Ethan Weinstein/VTDigger
Following a federal order that schools ban diversity, equity, and inclusion-related programs, the Vermont Agency of Education (AOE) is asking school districts to submit compliance certifications.
Education Secretary Zoie Saunders told school district leaders in a letter on Friday, April 4, that they had 10 days to submit their certification but also said the agency believed certification required only that districts “reaffirm … compliance with existing law.”
President Donald Trump and his administration have threatened to withhold funding to public schools that fail to comply with the expansive order.
A letter dated April 3 from the U.S. Dept. of Education said that noncompliance with the diversity programming ban could result in schools losing a crucial stream of money meant to support economically disadvantaged students, known as Title I. The letter cited Title VI of the Civil Rights Act of 1964, which prohibits discrimination in schools based on “race, color or national origin,” and also cited a 2023 U.S. Supreme Court Case against Harvard University and the University of North Carolina that restricted affirmative action.
Saunders, in the letter to district leaders, wrote that the federal restriction includes “policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races.”
The letter said that programs highlighting specific cultures or heritages “would not in and of themselves” violate federal regulations.
“We do not view this certification to be announcing any new interpretation of Title VI,” Saunders wrote, adding that the agency’s “initial legal review” determined the federal letter only required the state to “reaffirm our compliance with existing law.”
But guidance from the federal education department seems to restrict a variety of practices, arguing that school districts have “veil(ed) discriminatory policies” under initiatives like diversity programming, “social-emotional learning,” and “culturally responsive” teaching.
In an earlier memo, the Vermont AoE told districts to “proceed with their planned professional development and instructional activities.” The memo also cited a March 5 letter written by more than a dozen attorneys general, including Vermont Attorney General Charity Clark, telling schools to “continue to foster diversity, equity, inclusion, and accessibility among their student bodies.”
The agency said it would host “office hours” this week to answer districts’ questions regarding the federal compliance certification.
At least one neighboring state, meanwhile, has taken a different tack. Soon after the Trump Administration sent states last week’s letter, New York state announced it would not comply.
News of Saunders’ letter spread quickly on social media. At least one district, Winooski, said it won’t comply with the certification.
“I notified the Secretary that I will not be signing anything,” Wilmer Chavarria, the district’s superintendent, wrote in an email to staff shared with VTDigger. “I also requested that the state grow some courage and stop complying so quickly and without hesitation to the politically-driven threats of the executive.”
Winooski’s school board will address the compliance certification at a regularly scheduled board meeting on Wednesday, according to Chavarria’s message.
