Cleveland Heights-University Heights City School District News Article

A Letter From Superintendent Kirby, Board President Lewis

Dear CH-UH Staff and Families,

We are writing today to provide information about recent federal and state governmental action related to diversity, equity, and inclusion practices in schools. 

Our district and community have always been committed to creating and sustaining supportive spaces for all of our students, staff, and families, and we remain committed to that work. We also have been and will remain in compliance with Title VI of the Civil Rights Act of 1964 (“Title VI”), a federal law that prohibits discrimination based on race, color, and national origin in programs and activities receiving federal financial assistance, including public schools.

Here is a timeline of recent events:

• The U.S. Department of Education sent a letter on April 3 to all state departments of education, informing them that they must collect signed certification letters from their state’s public school districts verifying compliance with the certification, titled “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard.”

• The certification asks districts to acknowledge that they will comply with Title VI and the U.S. Department of Education’s recently expanded interpretation of Title VI, as outlined in a recent Dear Colleague Letter, which stands for the premise that “illegal” diversity, equity, and inclusion programs can be used to discriminate in violation of Title VI. The certification asks districts to confirm that they are not engaging in any “illegal DEI practices,” although the term is undefined in the certification. The stated consequences for illegal DEI practices include the elimination of federal funding, potential initiation of litigation by the Department of Justice to recover previously received federal funds, as well as liability under the False Claims Act.

• The Ohio Department of Education and Workforce (“ODEW”) contacted Ohio schools on April 7 requesting that they sign this certification letter no later than 11:59 p.m. on Friday, April 18, 2025, or risk losing federal funding. 

• Unfortunately, the ODEW communication did not indicate a place that school districts could call or email with questions about this request.

• Since April 7, CH-UH leadership has been attempting to understand this certification. Last week, the District contacted the ODEW for clarity on this request, but we have not received any response.

• We understand that multiple lawsuits have been filed regarding this certification, but as of the date of this communication, the certification remains in place.

Title VI provides that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The CH-UH City School District upholds Title VI, regularly certifies its compliance with Title VI, and is committed to continued compliance and assurance that non-discriminatory treatment of our students, staff, and members of our school community remains a core value and guiding principle of the District. 

Tonight (April 17) at 5 p.m., the Board of Education will hold a special meeting to discuss this request for certification and consider a resolution that confirms the District’s compliance with law and commitment to a non-discriminatory learning environment, and that addresses the Board’s response to the certification request. We will share a summary of this meeting with you.

Thank you, as always, for your support of our public schools and for all students who enter our doors.

Sincerely,

Liz Kirby, CH-UH City School District Superintendent

Malia Lewis, CH-UH Board of Education President