Colorado’s fourth‑largest school district, Cherry Creek School District (CCSD), is under a new federal civil‑rights complaint filed by the nonprofit Defending Education. The complaint, obtained by Fox News Digital, alleges that CCSD’s June 2023 “Educators of Color Declaration”—a pledge made with the district’s teachers’ union to recruit, retain and advance educators of color—constitutes unlawful race‑based discrimination in employment.
Complaint details
Defending Education’s Vice President and Senior Legal Fellow, Sarah Parshall Perry, told Fox News Digital that the declaration “writes racial preferences directly into its teachers’ contract,” meaning that “other equally qualified teachers are passed over for the same reason.” She argued that the policy runs afoul of Title VI, which requires federally funded programs to be color‑blind, and the Fourteenth Amendment’s equal‑protection guarantee.
The complaint points to language in the district’s negotiated agreement that obligates the district and its union to “intentionally recruit highly qualified educators of color” and to “ground the work of negotiations in diversity, equity, and inclusion (DEI).” While the agreement also contains a provision stating that hiring must be based on qualifications without regard to race, the plaintiffs say the two provisions are contradictory and illegal.
Federal response
Assistant Secretary for Civil Rights Kimberly Richey previously announced a separate Department of Education investigation into alleged racially discriminatory programs at CCSD. In that statement she emphasized that “federal law prohibits racial discrimination, which means that race cannot be a factor in how the school educates its students or trains its teachers.” The Department of Education declined to confirm the new complaint when asked for comment.
Trump administration’s stance on DEI
The complaint arrives as the Trump administration continues its nationwide effort to curb DEI initiatives in education. In September, the administration proposed regulations that would strip tax‑exempt status from private schools and colleges that consider race in admissions, scholarships, or other school‑administered programs. This policy direction reflects the administration’s commitment to preserving constitutional color‑blindness and protecting taxpayers from government‑backed racial preferences.
Local impact
CCSD serves roughly 52,000 students and more than 300,000 residents in the southeast Denver metropolitan area. The district has not yet responded to requests for comment on the complaint. Parents and community members who support the district’s diversity goals may view the pledge as a positive step toward representation, while critics argue it undermines merit‑based hiring and violates federal law.
Regardless of the outcome, the case highlights the tension between local efforts to increase representation of historically underrepresented groups and federal requirements for race‑neutral employment practices. The Office for Civil Rights’ investigation will determine whether CCSD’s policies can be reconciled with Title VI and the Constitution.
Original reporting: Fox News (HLL/CB) — read the source article.
