Rochester Public Schools says Minnesota law remains the 'controlling authority' as federal pressure grows

Yahoo

25-02-2025

Feb. 25—ROCHESTER — Despite strongly-worded directives from the federal government that schools need to strip policies related to diversity, equity and inclusion, Rochester Public Schools has indicated it will be following Minnesota law for the time being.
On Feb. 14, the U.S. Department of Education issued a "Dear Colleague" letter, saying that schools could lose federal funding if they continue to make any decisions based on race. On the surface, that would seem to have significant implications for RPS, but the district has indicated that the process is not as simple as the federal administration issuing such a document.
"A 'Dear Colleague letter,' which this is, doesn't have the force of law," RPS Superintendent Kent Pekel said. "There are very clear processes for review and appeal of a federal effort to repeal funding."
The letter referenced both higher education, as well as K-12 schools. It gave schools 14 days to realign their policies and explained that schools that fail to comply with federal civil rights law may "face potential loss of federal funding." It also encouraged readers to report any violations.
The letter went on to say that federal law prohibits using race in "decisions pertaining to admission, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies and all other aspects of student, academic, and campus life."
"Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon 'systemic and structural racism' and advanced disciminatory policies and practices," the letter reads in part. "Proponents of these discriminatory practices have attempted to further justify them — particularly during the last four years — under the banner of 'diversity, equity and inclusion (DEI), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming and discipline."
The letter from the U.S. Department of Education comes on the heels of multiple executive orders pertaining to education. On Jan. 29, President Donald Trump signed an executive order called "ending radical indoctrination in K-12 schooling." On Feb. 5, he signed another executive order called "keeping men out of women's sports."
Last year, the organization Parents Defending Education filed a complaint with the U.S. Department of Education, claiming that Rochester Public Schools was violating the Civil Rights Act, as well as the Equal Protection Clause of the U.S. Constitution by offering some resource opportunities only to people of color.
RPS also has procedures for supporting transgender and gender-expansive students, which allows athletes to compete "in a manner consistent with their gender identity and in compliance with the applicable regulations of the Minnesota State High School League."
The U.S. Department of Education has since launched an investigation into the Minnesota State High School League.
Nonetheless, Pekel emphasized that the district is in line with Minnesota law.
"The Minnesota Human Rights Act remains the controlling authority on a lot of these issues," Pekel said. "That remains, our legal counsel has said, the most relevant standard for a lot of these issues. ... We are following that. And if the law changes, we will adhere to the law."
Like RPS itself, the Minnesota Department of Education has not announced any major changes in the wake of the federal orders.
"We are closely monitoring how developments in federal policies might impact Minnesota students, educators, schools and libraries," said Sam Snuggerud, director of communications for the Minnesota Department of Education. "We have also advised school districts to follow accounting best practices and consider increasing the frequency of their federal draws."
One thing schools are changing about their policies is in regard to Title IX, which is a federal law that prohibits sex discrimination. According to the U.S. Department of Education, a ruling from the U.S. District Court for the Eastern District of Kentucky "vacated the entirety of the 2024 Title IX Rule nationwide." Because of that, schools are reverting to an older version of their Title IX policies that don't include specific references to sexual orientation or gender identity.
Byron Public Schools changed its policies on Feb. 4. Pekel said the Rochester School Board will be changing its policy to reflect the change in the near future as well.
"We're not freelancing," Pekel said. "We're following the law."