Dear LCPS Community,
On April 3, the Virginia Department of Education (VDOE) received correspondence from the U.S. Department of Education (USDOE) requiring VDOE, as a State Education Agency (SEA), to submit a certification affirming that all Virginia school divisions are complying with federal laws and regulations prohibiting discrimination based on an individual’s race, color or national origin, including Title VI of the Civil Rights Act of 1964 (Title VI). The request from USDOE indicates that signing the certification form is a material condition in order to continue receiving federal education funding and requires VDOE to collect responses from local school divisions and report on the state overall. Accordingly, VDOE has requested that all Virginia school divisions, to include Loudoun County Public Schools (LCPS), submit this certification to it by April 24th.
Let me first be clear: LCPS fully complies with all state and federal civil rights laws and regulations, including Title VI. Further, LCPS does not treat individuals differently based on their race, color, and national origin, so as to give an advantage to one race, color, and national origin over another. We remain steadfast in our commitment to ensuring that every student has access to a safe, supportive, and high-quality education, and that no one is treated unfairly because of who they are.
With that said, I’m writing today to share why LCPS has chosen not to sign the requested certification. Specifically:
We have already certified our compliance with these laws and do so annually when applying for federal funding. Those certifications remain in effect today, so we do not understand what purpose this request serves.
There are legal challenges to this request that argue, in part, that the requested USDOE certification—as written—is vague, overly broad, and committing public school divisions to terms/conditions beyond what is required under applicable law. We believe those legal challenges should be resolved before school divisions are required to submit the requested certification. Several SEAs have declined to sign the requested certification and are not requiring school divisions in their respective states to do so either.
Most importantly, the requested certification lacks clarity. It references “illegal DEI” or “certain DEI practices” without explaining what those terms mean or how they differ from the diversity, equity and inclusion programs and initiatives we currently have in place–programs that help students feel valued, included, and supported. LCPS is unaware of any federal or state laws prohibiting the mere existence of diversity, equity, or inclusion programs and initiatives, so clarity around what USDOE perceives to be illegal and why it is necessary for LCPS to submit additional assurances beyond those already attested to by LCPS would be essential before LCPS could consider signing the requested certification. We cannot–and should not be asked to–certify we are not engaged in behaviors that have not been clearly defined. Doing so would not be prudent.
To be responsive to VDOE’s request, we submitted a formal letter affirming our ongoing compliance with applicable laws and explaining our concerns. You can view that letter here.
We want to be transparent with our community: our decision is neither political nor ideological, nor is it about stepping away from compliance; to the contrary, it’s about protecting our ability to continue offering programs that are both lawful and vital to our students’ success. Diversity, equity, and inclusion are a part of who we are and how we live out our mission in LCPS, where we seek to empower every student to thrive academically and socially, regardless of their background.
We also recognize that strong schools are built on trust. We want you to know that our values haven’t changed. Every student deserves to feel safe, respected, and supported. Our educators work hard every day to create learning environments where that is true. And, as your Superintendent, I remain committed to doing what is right, legal, and just for all our students.
Thank you for your continued partnership in making LCPS a place where all students can dream big and succeed.
With appreciation,
Aaron Spence, Ed.D.
Superintendent