ILLINOIS STATE BOARD OF EDUCATION RESPONDS TO U.S. DEPARTMENT OF EDUCTION’s DIRECTIVE FOR TITLE VI CERTIFICATION
This update is a follow-up to our legal update sent on Monday about the directive issued by the U.S. Department of Education (ED) for State Educational Agencies (SEAs) to sign certification forms affirming compliance with Title VI of the Civil Rights Act. Yesterday, the Illinois State Board of Education (ISBE) sent a letter in response to ED’s directive.
In its response, ISBE stated that it has already given assurances that it has and will comply with Title VI. ISBE raised concerns that ED is seeking to change the terms and conditions for awarding federal funding to ISBE and appears to be making an abrupt shift from its prior positions about diversity, equity, and inclusion. Notably, ISBE requested that ED provides a legal basis for directing SEAs to obtain individual Title VI certifications from Local Educational Agencies (LEAs), report on their signature status, and propose enforcement plans to ED for approval in connection with requests for certification.
Based on the communication from ISBE to ED, it appears that ISBE does not intend to seek Title VI certifications from school districts and special education cooperatives at this time. In addition, it is our understanding that ISBE has not previously requested that school districts and special education cooperatives submit Title VI certifications. We recommend that our clients not take any action unless/until it becomes necessary. We will keep you updated in this regard. Please contact any ECB&S attorney at 630.313.4750 with any questions you may have regarding this matter.
