State’s largest union urges Governor Scott, Attorney General Clark, and Education Secretary Saunders to stand up against the president’s extortion threat
by Timothy McQuiston, Vermont Business Magazine Late last week the US Department of Education sent a letter on Thursday April 3, 2025, to the states requiring the states to certify that their public schools are in compliance Title VI of the Civil Rights Act of 1964. Vermont Education Secretary Zoie Saunders then sent a letter the next day to local schools saying: "The Agency of Education (AOE) will respond to the Department on or before April 14, 2025. Supervisory unions/districts (SU/SDs) must provide certifications to the AOE on or before April 10, 2025, to allow us to collect and review all certifications to comply with this deadline." (see below)
The DOE letter is being taken by the state's largest teachers' union as an attempt to control local school curriculum, particularly regarding an effort by the Trump Administration to end diversity, equity, and inclusion programs, under the threat of withholding federal school aid.
Today, the union responded to the DOE letter and the Vermont AOE note to the school districts by saying that "the Vermont-NEA and its 13,000 members are urging Vermont officials to resist President Trump’s attempt to wipe out the state’s diversity, equity, and inclusion programs in our local public schools."
The following statement can be attributed to Don Tinney, a high school English teacher who is the union’s elected president:
"On behalf of thousands of educators in Vermont’s local public schools, I am urging (Governor) Phil Scott, (Secretary) Zoie Saunders, and (Attorney General) Charity Clark to resist the president’s extortion threat by simply saying 'no' to his demand to erase truthful teaching in our classrooms.
"Vermont’s local public schools have worked hard to expand diversity, equity, and inclusion because it is the right thing to do. We cannot let the progress we’ve made be erased by a president who wants to take us backward and who threatens to withhold vital education funding unless schools and state officials bow to his edicts.
"Our friends in New York, Maine and Massachusetts have already done the right thing. I urge the governor, the secretary, and the attorney general to join them and simply say 'no' to Trump. Our educators, our communities, and our students are watching – and hoping that Vermont sends a clear message to Trump: 'Hands Off Our Schools'.”
Secretary Saunders and Attorney General Clark issued a joint statement today regarding the Title VI directive.
Saunders said in part: "In Vermont, diversity, equity and inclusion practices are about being supportive of all students to create and sustain positive, welcoming learning environments."
Clark said in part: "A change in administration in Washington doesn't change Vermont's sovereign right to educate its children consistent with the laws.”
Note to Vermont School Districts from Vermont Education Secretary Zoie Saunders, April 4, 2025:
Title VI of the Civil Rights Act Certification
On Thursday, April 3, 2025, we received a letter “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard” from the U.S. Department of Education. The Department is requiring this Certification to be submitted by the Agency within ten (10) days. The Agency was instructed, within these ten (10) days, to report the signature status for each Local Education Authority (LEA), any compliance issues found within LEAs, and the Agency’s proposed enforcement plans for those LEAs.
We are reviewing the text of this Certification, and we would encourage you to review it closely as well, including with your legal counsel. We understand this Certification to be stating the Department’s interpretation of Title VI of the Civil Rights Act of 1964, in light of SFFA v. Harvard, and as further delineated in the FAQ. We do not view this Certification to be announcing any new interpretation of Title VI or requiring us to certify to anything other than the current Title VI law as it stands. Based on our initial legal review, the certification requires us to reaffirm our compliance with existing law that AOE has always followed in our administration of federal funds. We would call your attention, for example, to the following text in the FAQ, on page 6, "Whether a policy or program violates Title VI does not depend on the use of specific terminology such as “diversity,” “equity,” or “inclusion.” Schools may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races. For example, schools with programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all students regardless of race."
The Agency of Education (AOE) will respond to the Department on or before April 14, 2025. Supervisory unions/districts (SU/SDs) must provide certifications to the AOE on or before April 10, 2025, to allow us to collect and review all certifications to comply with this deadline. Superintendents should submit the completed Certification through Cognito by EOD April 10.
We understand that you may have many questions, particularly given the tight turnaround. The Agency will offer office hours to support SU/SDs onTuesday, April 8 from 1:30 p.m. to 2:30 p.m. and on Wednesday, April 9 from 2:00 p.m. to 3:00 p.m.
Source: 4.7.2024. MONTPELIER – Vermont-NEA
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