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Saturday, April 19, 2025

Arizona schools face funding risk over DEI program compliance

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AZED Building | Provided photo

AZED Building | Provided photo

Attorney General Kris Mayes is facing criticism from Superintendent Tom Horne over her stance on Diversity, Equity, and Inclusion (DEI) programs in Arizona schools. Horne contends that Mayes is incorrect in asserting that the Arizona Department of Education lacks the legal authority to withhold federal funds from districts and charters that do not comply with new DEI guidance.

Horne emphasized his commitment to adhering to the law, stating, "I spent four years as Attorney General, and I follow the law strictly. The Arizona Department of Education has been responsible for distributing both federal and state education dollars to the schools for many decades and we must do so in accordance with the law." He warned that ignoring federal guidance could jeopardize nearly $770 million in federal funding for public schools.

The U.S. Department of Education's guidance requires certification that all public districts and charters receiving federal money use those funds according to specific guidelines. Failure to comply could result in a loss of funding. Horne accused Mayes of being "either unconcerned or unaware" of this potential outcome.

Excerpts from a letter by Secretary McMahon outline concerns about DEI programs indoctrinating students with ideas about systemic racism and implementing discriminatory practices. The letter advises educational institutions to ensure compliance with civil rights laws and warns against using race-based proxies or third-party contractors to circumvent these laws.

Title VI Guidance further clarifies that any violation involving DEI programs favoring one race over another is impermissible under federal law. Non-compliance could lead to termination or refusal of federal assistance.

The Arizona Department of Education has notified public districts and charters about this guidance through its Grants Management system, requiring certification by April 24th. Currently, 350 out of 658 districts and charters have certified compliance.

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