The Kentucky Department of Education (KDE) has signed an agreement with the federal government to have no diversity, equity and inclusion programs in public schools.

However, KDE has not paused or suspended any of its existing programs since receiving a request from the U.S. Department of Education to complete a form certifying its compliance with Trump administration interpretations of civil rights law. Kentucky Education Commissioner Robbie Fletcher also said the state department will continue working with its partners “to build an education system that is responsive and relentlessly focused on student success.”

In a letter to superintendents sent last weekend, Fletcher wrote that the U.S. Education Department’s certification form “is not without issues,” but he is still “confident that through our statewide commitment to providing opportunity and access for every student, we can advance towards meeting the needs and ensuring the success of each student in Kentucky’s public schools.”

According to the federal agency’s form, “any violation of Title VI — including the use of Diversity, Equity, & Inclusion (‘DEI’) programs to advantage one’s race over another — is impermissible” and using “certain DEI practices can violate federal law.” The form outlines possible consequences — such as losing federal funding or facing a federal lawsuit — for a state or local education agency that protects a DEI program. Title VI of the 1963 Civil Rights Act prohibits discrimination on the basis of race, color and national origin in programs and activities receiving federal financial assistance.

The U.S. Education Department asked the Kentucky department to distribute the certification forms to local school district officials for their signatures. Fletcher’s letter said all Kentucky school districts have “previously assured KDE of such compliance” and will do so annually in the future.

“As previously recommended, school districts should consult with board counsel on whether the district will sign the Certification Form,” Fletcher wrote.

The federal department’s targeting of DEI practices comes as Republicans at the national and state levels have pushed to roll back such measures, particularly in education. The GOP-controlled Kentucky General Assembly recently passed a law banning DEI programs at Kentucky public universities and colleges. Shortly after he assumed office in January, President Donald Trump signed an executive order aimed at eliminating DEI programs within the federal government.

Backlash against DEI programs has grown since the U.S. Supreme Court struck down affirmative action in higher education admissions in 2023. The ruling is cited in the form the U.S. Department of Education is asking school officials to sign.

In general, DEI initiatives focus on supporting marginalized people in areas where they have been historically excluded.

The U.S. Education Department previously threatened to rescind federal funding for schools in a February letter if they use DEI, or race-conscious practices, in admissions, programming, training, hiring, scholarships and other resources for students.

In a statement to the Kentucky Lantern, Fletcher said he is “committed to ensuring that every student—regardless of race, background, language, socioeconomic status, or zip code — has access to a high-quality education and vibrant learning opportunities to succeed.”

“That means removing barriers, expanding support for English learners, and providing all students with the resources they need to thrive,” Fletcher added. “Our schools must be places where every child feels supported and challenged to reach their full potential. We will continue to work with educators, families, and communities to build an education system that is responsive and relentlessly focused on student success.”

Earlier this month, the U.S. Education Department sent a letter asking states and districts to provide certifications they were complying with the order within 10 days or risk losing federal funding. The department then delayed the deadline to sign its form until after April 24 following an agreement between it and groups suing the federal department over the directive. The National Education Association, a teachers union, and the American Civil Liberties Union are challenging the directive in court.

Kentucky’s legislature has not outlawed DEI in public schools, although legislation was filed in the 2025 General Assembly to roll back such programs. Sen. Lindsey Tichenor, R-Smithfield, filed bills that would have prohibited DEI initiatives in Kentucky’s public schools and state and local governments. Neither got a committee hearing.

Last updated 9:30 a.m., Apr. 17, 2025