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Alabama certifies Title VI compliance following federal scrutiny of DEI practices

BIRMINGHAM, Ala. – Alabama Superintendent Eric Mackey has submitted a certification affirming that the state’s K-12 public schools comply with federal Title VI laws

The U.S. Department of Education sent states a letter on Apr. 3, giving states 10 days to certify compliance with Title VI of the Civil Rights Act, which bans race-based discrimination in federally funded programs.

Mackey told Alabama Daily News the certification was submitted before the April 24 deadline.

The DOE letter warned that “the use of Diversity, Equity, & Inclusion programs to advantage one race over another” could violate Title VI, though it did not specify which DEI programs or practices might be unlawful.

States were told they must sign the certification or risk losing federal education funding. 

“Federal financial assistance is a privilege, not a right,” Acting Assistant Secretary for Civil Rights Craig Trainor said. “When state education commissioners accept federal funds, they agree to abide by federal antidiscrimination requirements. Unfortunately, we have seen too many schools flout or outright violate these obligations, including by using DEI programs to discriminate against one group of Americans to favor another based on identity characteristics in clear violation of Title VI.”

No student should be denied opportunities or treated differently because of his or her race,” Trainor added. “We hope all state and local education agencies agree and certify their compliance with this legal and constitutional principle.”

As of April 25, Education Week reported that 22 states had declined to sign the certification. Florida, Georgia, Mississippi, and Tennessee indicated they would comply.

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