Deplorable:
For years, Native American students in the Rapid City, South Dakota, school district were more likely to be disciplined and less likely to enroll in advanced courses than their White peers. In 2010, the Education Department opened an investigation to see if racial discrimination was to blame.
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The effort lingered until last year, when investigators came to a voluntary agreement with the district. In a 28-page letter signed last May, the federal government outlined its concerns that Native American and White students had been treated differently. The school district, which is the second-largest in South Dakota, agreed to take a number of steps, including staff trainings, better communication with parents and ongoing monitoring.
Less than a year later, in a new letter, the Trump administration told the Rapid City Area School District it was terminating the agreement. The district is no longer required to make any of the changes. The agreement itself, the Education Department said, was a violation of civil rights law because it included requirements related to diversity, equity and inclusion.
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The new letter did not address the underlying concerns turned up during the investigation. It said the compliance review was closed.
Experts in both parties could not recall any time in the past when the department reached back to terminate a settled civil rights agreement. But this action may be just the start. Education Department spokeswoman Madi Biedermann said leaders at the Office for Civil Rights will review other resolution agreements entered into during the Biden administration that it finds may be illegal or inappropriate.
The department, she said, will “determine on a case-by-case basis if districts should be released from those agreements.”
The action is the latest crackdown on anything the administration perceives as advancing DEI. The Office for Civil Rights has
already warned schools that virtually any consideration of race might violate federal law and jeopardize federal funding for districts. Last week, it
ordered school districts to affirm they were in compliance with Title VI, which bars discrimination on the basis of race, color or national origin. It defined DEI programs as an example of a violation.
The nullification of a settled case is unprecedented, said Michael Pillera, who worked for a decade at the Office for Civil Rights before leaving last month to become director of the Educational Opportunities Project at the Lawyers’ Committee for Civil Rights.
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“It’s unclear how many cases it will affect,” he said. “It’s unclear what their reasons are. It’s unclear in the same way that so many of the letters coming out of [the Education Department] are unclear right now when they talk about DEI. Unclear what they mean, unclear what the reach is, unclear what the legal support is.”
The administration was not specific about what DEI programs in the Rapid City agreement it found objectionable. The agreement included promises to identify the root causes of the disparities and develop a plan to address them, revise discipline policies, better inform parents about advanced learning opportunities, conduct training sessions and establish a Stakeholder Equity Committee.
“They didn’t say, ‘We reconsider our findings, and this is insufficient evidence of a violation.’ Instead they said, ‘This has DEI in it,’” Pillera said.
The new letter from the administration also objected to a provision in the agreement requiring the district to revise its agreement with local police, who provide school resource officers. The agreement required that the police undergo certain training and take other steps. These requirements, the letter said, “improperly interfere with the performance of law enforcement operations.”
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The Trump administration letter, sent March 27, came as a shock to the Rapid City Area School District, which did not ask for a change, a district spokeswoman said. She said the district plans to continue to abide by its terms, even though federal officials will not be monitoring to see if it does so.
“While political priorities may shift, our core educational values remain steadfast,” Cory Strasser, the district’s acting superintendent, said in a statement. “Our mission remains to provide a safe, positive, and nondiscriminatory learning environment where all students can achieve their full potential.”
The original investigation found that Native American students in the district were twice as likely as White students to be referred for discipline, more than four times as likely to be suspended and more than five times as likely to be referred to law enforcement officials. It also reported that some community members saw discrimination in discipline.
During the investigation, the then-superintendent described certain Native American tribes as not commonly valuing education and operating on “Indian time,” meaning they arrive late. She also pointed federal investigators to high poverty levels, gang activity and general family dynamics as reasons for high truancy rates, the government reported.