WASHINGTON, D.C. – America First Legal (AFL) has formally requested that the U.S. Department of Education Office for Civil Rights investigate the Upper Arlington School District’s unlawful diversity, equity, and inclusion (DEI) policies. Evidence shows that Upper Arlington School District in Ohio has willfully and intentionally violated federal anti-discrimination laws.
- In June 2020, the Upper Arlington Schools Board of Education created and implemented numerous unlawful DEI policies, establishing a “Chief Talent Officer” to “foster workforce diversity,” adding an “Equity Advisory Board” aiming “to provide invaluable insight and feedback on the recruitment of a diverse staff,” and creating a “Chief Excellence and Engagement Officer” position to “spearhead DEI efforts.”
- In July 2023, Upper Arlington Schools Superintendent Dr. Robert Hunt launched a DEI program called “UAdventure.” Among other things, “UAdventure” contained facially illegal programs and practices, claimed that “[t]here is a need for a clear vision for DEI initiatives [and] advocacy for LGBTQIA+ students,” and sought to disenfranchise opponents of illegal DEI, labeling them “negative voices.”
- In February 2024, Upper Arlington Schools released a facially illegal “Comprehensive Equity Audit” (CEA) report recommending that the Chief Talent Officer “develop measurable targets for year-over-year recruitment and retention of educators and staff from diverse backgrounds,” stating that this plan should “guarantee systemic coherence in diversity hiring efforts” and “[e]stablish a formal process for recruiting educators of color.” It recommended creating a racialized bureaucracy with the Orwellian name of “Office of Excellence and Engagement” staffed with experienced professionals representing diverse backgrounds and expertise in equity” to “[d]evelop a comprehensive district-wide equity framework with measurable goals and strategies” to “guide all decision-making and resource allocation, ensuring equity is embedded in every aspect of the district’s operations” as well as “focus[] on specific equity areas including educator diversity.”
These policies and practices violate Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., and President Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunities.” Title VI prohibits discrimination based on race, color, and national origin by entities receiving federal financial assistance from the U.S. Department of Education. Executive Order 14173 authorized the Attorney General and the Secretary of Education to issue guidance early this month requiring that all entities receiving federal funds comply with Students for Fair Admission v. President and Fellows of Harvard College, 600 U.S. 181, 206 (2023).
“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,” said Jacob Meckler, America First Legal Counsel. “The Department of Education should investigate the Upper Arlington School District and, if appropriate, terminate federal taxpayer funding.”
AFL will continue fighting illegal DEI policies in schools and education systems across America.
Read the letter here.
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