Legal Group Accuses Ohio School District of Unlawful DEI Practices, Seeks Federal Investigation
America First Legal, a legal nonprofit with ties to former President Donald Trump, has filed a complaint with the U.S. Department of Education, alleging that the Upper Arlington School District in Columbus, Ohio, is engaging in unlawful Diversity, Equity, and Inclusion (DEI) practices that violate federal anti-discrimination laws. The organization is calling for a federal investigation and the potential termination of federal funding to the district.
The complaint, based on information gleaned from the district’s own website and public statements, asserts that Upper Arlington School District implemented DEI policies starting in June 2020, during the peak of Black Lives Matter activism. America First Legal claims the school board yielded to what they characterize as "Black Lives Matter demands" and introduced discriminatory policies.
A key aspect of the complaint centers on the creation of new administrative positions and bodies specifically focused on DEI initiatives. The district established a Chief Talent Officer (CTO) with the stated goal of fostering workforce diversity. Additionally, an Equity Advisory Board was formed, tasked with providing input on recruiting diverse staff. The district also created the position of Chief Excellence and Engagement Officer, who the complaint alleges was tasked with spearheading DEI efforts within the school system.
America First Legal argues that DEI advocacy continued in the years following 2020. They cite a district report that identified a "need for a clear vision for DEI initiatives" and "advocacy for LGBTQIA+ students." The complaint also points to the report’s alleged characterization of individuals who oppose DEI efforts as "negative voices."
The Comprehensive Equity Report, produced by the school district, is a central focus of the legal challenge. America First Legal claims the report contains recommendations that are discriminatory and illegal. They contend that the entirety of the DEI practices within the Upper Arlington School District do not comply with current Education Department rules and guidelines, potentially endangering federal funding.
Jacob Meckler, legal counsel for America First Legal, issued a statement denouncing the alleged DEI practices. "When our nation’s schools discriminate based on race and sex, and embed divisive racial and sexual ideologies into their curriculum, it not only violates the law, but it also warps our children’s education," Meckler stated. He urged the Department of Education to investigate the Upper Arlington School District and, if the allegations are substantiated, to terminate federal taxpayer funding.
The Upper Arlington School District has faced scrutiny over DEI policies in the past. In 2023, a video surfaced that showed district officials discussing strategies for subtly incorporating Critical Race Theory (CRT) into the curriculum. In the video, Matthew Boaz, the executive director of diversity, equity, and inclusion for Upper Arlington Schools, stated, "There’s more than one way to skin a cat. You can pass a bill that you can’t teach CRT in a classroom, but if you didn’t cover programming, or you didn’t cover extracurricular activities or something like that, that message might still get out."
Superintendent Hunt of Upper Arlington Schools responded to the complaint, stating that the district received a copy of the letter sent to the Department of Education’s Office for Civil Rights by America First Legal. Hunt characterized the letter as accusing the district of "illegal DEI policies" but failing to identify specific practices or policies currently in place.
Hunt added that the school district takes any concerns of discrimination seriously and remains committed to its mission of challenging and supporting every student. He stated that the district’s Excellence & Innovation 2030 Strategic Plan is rooted in these commitments and that the district will cooperate fully with any investigation that is opened.
A spokesperson for the Department of Education has stated that the department does not confirm complaints. However, earlier this year, the Department of Education issued a letter warning public schools across the country that they must remove DEI policies or risk losing federal funding. Craig Trainor, acting assistant secretary for civil rights in the Department of Education, stated in the letter that "overt and covert racial discrimination that has become widespread in this Nation’s educational institutions" will no longer be tolerated and that institutions that fail to comply with federal civil rights law may face the loss of federal funding.
The accusations leveled against the Upper Arlington School District highlight the growing controversy surrounding DEI initiatives in educational institutions. Critics argue that such programs can promote divisive ideologies and lead to reverse discrimination, while proponents maintain that DEI is essential for creating inclusive and equitable learning environments.
The Department of Education’s investigation, should it proceed, will likely involve a thorough review of the Upper Arlington School District’s policies, practices, and curriculum to determine whether they comply with federal anti-discrimination laws. The outcome of the investigation could have significant implications for the school district and for other educational institutions across the country that have implemented similar DEI programs. The investigation may also lead to further clarification from the Department of Education regarding the permissible scope of DEI initiatives in schools. The intersection of DEI policies and the application of anti-discrimination laws remains a complex and contested area in education, and the Upper Arlington case could serve as a test case for the federal government’s approach to these issues.
