INDIAN HILL, Ohio — School districts across the U.S. received a letter from the Department of Education on April 3 regarding potential Title VI violations in some DEI practices.
By completing the certification, school districts acknowledge that they are not using "diversity, equity and inclusion (DEI) programs to advance one's race over another," according to the letter.
Rachel Katz, a parent of three students with disabilities in the Indian Hill Exempted Village School District, reached out after learning about how Indian Hill was handling this process.
"Leadership, pride, integrity, excellence, respect, and opportunity, those are non-negotiables, and kowtowing to a letter that did not affect any of our programs or curriculum after review is backwards," said Katz.
I requested comment from district officials, and they did not make it clear whether they had signed the letter or not.
On April 3, 2025, at the direction of the United States Department of Education, the Ohio Department of Education and Workforce required Ohio public school superintendents to certify that their districts were in compliance with the anti-discrimination requirements of Title VI of the Civil Rights Act of 1964. Indian Hill CEO/Superintendent Kirk Koennecke informed the Indian Hill Board of Education of the certification procedures on April 11. Until April 24, the district administration, working with its legal counsel, completed a full review of the school’s curriculum and ongoing programs. The goal of the review was to ensure the school was in compliance with federal law, and if not, to make any necessary adjustments.
When I asked if the district had to sign the letter to be in compliance, Cincinnati First Amendment and criminal defense attorney Lou Sirkin explained the financial implications.
"Well, they had to sign it if they want to get the money. It's not like you can voluntarily sign it or not; it's you either sign it, and if you don't sign it, theoretically, you're not going to give them any money," said Sirkin.
The Indian Hill district receives about $1 million in federal funding.
"They don't get specific as to what would be, what they consider a DEI policy. They're just saying you're not to have a DEI policy. Well, what is a DEI policy? This makes it easier for the government and for the administration to say that you've breached a contract," said Sirkin.
Hear from Katz and get a further breakdown of what practices are in question in the video below:
I asked Dr. Deepika Andavarapu, an expert in DEI practices and policymaking, what kind of practices would violate Title VI. Andavarapu is the founder and CEO of DEEP Consultants, which, according to its website, focuses on creating "equitable workplace cultures by addressing individual and systemic levels of change such as gender equity. They analyze policies, procedures, and practices to identify and eliminate inequity."
This is what she said:
- Any DEI program or hiring process that uses race as a determining factor is likely to be considered a violation of Title VI. This includes using race-based preferences or quotas in admissions, financial aid, hiring, and promotions
- It also includes DEI programs that teach students that certain racial groups are inherently privileged or oppressed
- Tracking the number of diverse workers by itself is not necessarily a Title VI violation. However, if this data is used to implement policies that favor or disfavor individuals based on race to achieve certain statistical goals, it would likely be a violation
- Initiatives catered to specific groups of people could be problematic if participation is restricted based on race or if they create unequal opportunities or benefits based on race
- The key is whether race is used as a determining factor. Programs aimed at supporting students with specific needs (e.g., language support, mentorship) are generally permissible if eligibility is based on those needs, not solely on race.
"Teachers are being told to take down anything in their classroom that implies they are an inclusive space; these are kids they need to feel safe and included," said Katz.
This is an issue that districts across the Tri-State are wrestling with.
Last week, we reported that Cincinnati Public Schools did not sign the letter.
"CPS did not sign the letter because the district's policies and programs are supportive and welcoming to all students," said Board President Dr. Kareem Moffett.
In Hamilton County, Northwest, Sycamore Township and Saint Bernard-Elmwood Place School Districts signed the certification to keep federal funding.
The district's decision still disappoints Katz.
"A potential better solution may have been to include the entire board and a group of parents who might be affected or concerned about this," said Katz.
