New Department of Education Certification Requirement Regarding Title VI Compliance: What Districts Need to Know | Miller Nash LLP

On April 3, 2025, the United States Department of Education (DOE) announced its intention to require state education agencies (SEAs) and school districts to certify that they are in compliance with Title VI of the 1964 Civil Rights Act and the Supreme Court’s decision in Students for Fair Admissions v. President and Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA) in order to continue to receive federal funds. This new requirement follows the DOE’s February 14, 2025, Dear Colleague Letter (DCL) setting forth its interpretation of Title VI and SFFA. See Challenges for Education Institutions Continue: New “Dear Colleague Letter” Targets Educational Equity Efforts | Miller Nash LLP. The DOE subsequently issued an FAQ clarifying some of the statements in the February 14, 2025, DCL.

The April 3, 2025, certification is entitled “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard” and the specific certification language states, “On behalf of [SEA/LEA], I acknowledge that I have received and reviewed this Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard. I further acknowledge that compliance with the below and the assurances referred to, as well as this certification, constitute a material condition for the continued receipt of federal financial assistance, and therefore certify our compliance with the below legal obligations.” The guidance from DOE requires the SEA (such as the Oregon Department of Education or Washington State Office of Superintendent of Public Instruction) to sign the certification within ten days and to collect certifications from each school district.

DOE asserts that it will take enforcement action against state or local education agencies that violate Title VI, including both terminating federal funding going forward and instituting breach of contract litigation to recover past funding based on non-discrimination requirements in federal grants or contracts. The DOE also reminds state and local education agencies that “the submissions of claims for money from the federal government when an entity is not in compliance with Title VI and/or its assurances due to certain DEI practices subjects the entity to liability under the False Claims Act which imposes liability on anyone who ‘knowingly’ submits a ‘false’ claim to the Government.” In brief, the False Claims Act (FCA) prohibits “knowingly” submitting a false claim to the government in order to receive government funds. Violations of the FCA can result in high penalties and can potentially involve personal and criminal liability.

While state and local education entities already submit certifications that they are in compliance with federal civil rights laws in conjunction with other federal funds, such as under Title I, this new requirement raises some questions in light of DOE’s recent guidance concerning Title VI. As with other actions from the Administration, it is possible this certification requirement will be challenged in court. As the DOE directs state education agencies to collect certifications from school districts, districts may choose to wait for further guidance from their respective state agencies. School districts also may find consulting with counsel worthwhile.