ELC Opposes Proposed Anti-DEI Requirements for Federal Funding Grantees
Education Law Center submitted public comments strongly opposing the federal government’s proposed changes to the “certifications” that federal grant recipients must provide in order to access funds. The proposal from the General Services Administration (GSA) weaponizes the federal grant compliance process by placing restrictive, and in some cases illegal, conditions on the activities of nearly all federal funding recipients.
ELC’s comment focuses on one of the three proposed certifications, which would impose restrictions on federal grantees, including public education entities, regarding diversity, equity, and inclusion (DEI) programs or activities.
First, the comment notes that the proposed anti-DEI certification adds conditions that are not required by law and, in some cases, contravene existing law. In fact, the proposed certification is inconsistent with recent court orders striking down a similar DEI-related certification for federal funding recipients.
The proposed language is also impermissibly vague. Because the anti-DEI certification would force federal grantees to certify that they will not engage in certain “discriminatory practices” without making clear what those specific practices are, it would be difficult, if not impossible, to comply.
Finally, ELC’s comment explains how the anti-DEI certification could jeopardize crucial federal funding for state education agencies, school districts, and education-related nonprofit organizations, which often already face resource limitations. ELC urges the GSA to withdraw its harmful proposal.
“Once again, the federal government is attempting to attack programs and activities that would ensure equal educational opportunity for all students, this time through the GSA’s anti-DEI proposal,” said Katrina Reichert, ELC Staff Attorney. “But the good news is that we will never stop fighting for diverse, inclusive, and discrimination-free schools that welcome and serve all students.”
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Sharon Krengel
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skrengel@edlawcenter.org
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