DEI REPORTS ON SCHOOL DISTRICTS

Below you can find several reports on DEI Policies and Practices implemented by local public schools districts in direct violations of both State and Federal law. The reports provided below have been forwarded to the Department of Education as well as the Department of Justice, courtesy of Attorney General Pam Bondi.

Feel free to use these as templates to report the illegal activities of your local school districts.

EXECUTIVE SUMMARY: WHAT IS DEI?

Public schools may teach inclusivity and equal dignity, but cannot classify, preference, exclude, or compel speech based on protected traits. Programs that cross into differential treatment by race/sex risk violations of Title VI and the Equal Protection Clause, and—specifically in Washington—RCW 49.60.400 (I-200), which bans governmental “preferential treatment” in education.

Courts have tightened scrutiny of race-conscious educational practices: Parents Involved v. Seattle School Dist. No. 1 (2007) (K–12 racial tie-breakers unconstitutional) and Students for Fair Admissions v. Harvard/UNC (2023) (race-based admissions unlawful). While SFFA is a higher-ed case, it reaffirms that racial classifications by state actors are “presumptively invalid” and must satisfy strict scrutiny—guidance K–12 districts ignore at their peril.

WHAT DEI LOOKS LIKE IN K-12—AND WHERE IT LEGALLY GOES WRONG

Typical components. Districts adopt statements about belonging, staff “cultural-competency” training (in Washington, often to comply with SB 5044), curriculum audits for representation, and recruitment outreach. Those aims, if implemented neutrally, are generally lawful.

Red lines. The legal risk arises when initiatives:

Treat students or staff differently because of race/sex (e.g., race-exclusive clubs, scholarships, or set-asides; race-conditioned discipline or grading);

2.Compel agreement with ideological statements or pronoun usage contrary to sincerely held beliefs (especially for staff), triggering First Amendment concerns; and

3. Replace individualized educational need with identity categories to allocate programs or sanctions.

- Title VI bars race/national-origin discrimination in federally funded programs; Equal Protection imposes strict scrutiny on racial classifications; Adarand confirms strict scrutiny applies to all governmental

racial classifications, “benign” or not. Parents Involved and SFFA sharpen these constraints for schools.

- In Washington, RCW 49.60.400 (I-200) independently bans “preferential treatment” in public education based on race/sex/ethnicity. Even if a district believes a classification is remedial, I-200 forbids it if it advantages or disadvantages based on protected traits.

- Compelled speech issues are fact-specific. In higher education, Meriwether v. Hartop recognized a professor’s First Amendment claim regarding mandated pronoun usage; K–12 employees’ speech rights are narrower, but blanket compelled-speech regimes can still raise constitutional problems if not carefully tailored and neutrally administered. (This is not a “ban” on courtesy or anti-harassment; it’s a caution about compulsory ideological affirmations.)

Title VI, 42 U.S.C. § 2000d; DOJ Title VI overview and enforcement materials. Department of Justice+1
Equal Protection Clause; Parents Involved v. Seattle Sch. Dist. No. 1, 551 U.S. 701 (2007). Justia Law
Students for Fair Admissions v. Harvard/UNC, 600 U.S. ___ (2023). Supreme Court
RCW 49.60.400 (I-200) (Washington ban on preferential treatment). Washington State Legislature
Meriwether v. Hartop, 992 F.3d 492 (6th Cir. 2021) (compelled speech—higher ed context; instructive limits). Sixth Circuit Court
Dobbin & Kalev, “Why Doesn’t Diversity Training Work?,” Annual Review / related articles (mixed efficacy; design caveats). Harvard Scholar+1
NCES/BJS, Indicators of School Crime and Safety (baseline safety trends and practices). National Center for Education Statistics+1
Gottfredson et al., “Effects of school resource officers…” (mixed SRO impacts; implications for neutral safety design). Wiley Online Library