Louisiana Voice

Back in the earlier days of my writing career, I had the privilege, while managing editor of the Ruston Daily Leader, of working with some talented journalism interns from Wiley Hilburn’s Louisiana Tech journalism department. Jamie Segura and the late Craig Durrett top the list.

Jamie was the feisty one – meaning she was not afraid to ask the hard questions – and it’s hard to believe that nearly half-a-century later, she’s still an active news hound over in nearby St. Tammany Parish.

I point out her splendid abilities as a way of introducing three documents she just sent me that will likely impact public education throughout Louisiana – and beyond.

LouisianaVoice introduces these documents here as an exclusive news story, thanks to Jamie and her dedication to keeping a sharp eye for important events. I will attempt to describe the contents – and effects – of each document in chronological order and I will attach a link to each document so that readers of LouisianaVoice may peruse the documents for themselves. (To read the attached links, simply click on the underlined, all-caps phrases in green.)

THE FIRST, dated Feb. 14 (happy Valentine’s Day), is a four-page ominous “reminder” from the U.S. Department of Education’s (DOE) Office of Civil Rights and is signed by Craig Trainor, acting assist secretary for Civil Rights for DOE.

Quick to remind the “colleagues” to whom the memo is addressed, it notes that the term “school” refers to “preschool, elementary, secondary and postsecondary education institutions that receive federal financial assistance from the Department.”

It takes a while but Trainor gets to the intent of DOE to bend to the Trump administration by invoking diversity, equity and inclusion (DEI) as the sinister perpetrator of “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming and discipline,” whatever that may mean.

Trainor goes on to say, “DEI programs, for example, frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not. Such programs stigmatize students who belong to particular racial groups based on crude racial stereotypes. Consequently, they deny students the ability to participate fully in the life of a school.”

Then comes the crux of the memo: citing the Supreme Court decision Students for Fair Admissions v. Harvard, Trainer writes, “The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions. The law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.”

Then comes the inevitable threat: “Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding.”

Four days later, on Feb. 19, comes DOCUMENT NUMBER TWO from Dr. Cade Brumley, state superintendent of education, to all “system leaders” i.e. all local school superintendents.

Brumley obligingly copies Gov. Jeff Landry, Attorney General Liz Murrill, House Education Chair Rep. Laurie Schlegel, Senate Education Chair Rick Edmonds and members of the Louisiana Board of Elementary and Secondary Education (BESE).

It’s a one-page memo that reminds all local school superintendents of DOE’s “clarifying guidance” as set out in the Supreme Court ruling in Students for Fair Admissions v. Harvard. He notes that “federal law prevents educational institutions using race in decisions pertaining to:

 “Admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

Brumley then plays the sycophant to Landry by writing, “The Louisiana Department of Education (LDOE) agrees with ED’s guidance and belief that “[d]iscrimination [under any banner] on the basis of race, color, or national origin is illegal and morally reprehensible.” Furthermore, LDOE commends Governor Landry for his proactive Executive Order as well as his unwavering support of LDOE’s work to stop inherently divisive concepts, like Diversity, Equity, and Inclusion (DEI), from infiltrating Louisiana’s K-12 public education system.”

His memorandum concludes with, “There is a compelling national interest to ensure educational institutions are non-discriminatory in nature. Further, in Louisiana, access to educational programming should affirm equal protection under the law and a desire to honor meritocracy of student achievement. Over the coming weeks, I encourage you to review efforts, initiatives, programs, awards, and other matters under your purview to ensure they comply with local, state, and federal law.”

DOCUMENT THREE is the coup de grace.

Dated April 3, it can only be described as a loyalty oath to be signed by each local superintendent of education (and possibly teachers, as well).

Consisting of four pages, there is a line on the first page for superintendents (and teachers?) to affix their signatures committing themselves to the whims and wishes of Trump and Landry under the authority of the Supreme Court’s Students for Fair Admissions v. President and Fellows of Harvard College decision.

The loyalty oath is thorough in including the wording, “The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including:

• The use of the provisions of 42 U.S.C. § 2000d-1 to seek the “termination of or refusal to grant or to continue assistance under such program,” eliminating federal funding for any SEA, LEA, or educational institution that engages in such conduct.
• For entities and institutions that use DEI practices in violation of federal law, those entities may incur substantial liabilities, including the potential initiation of litigation for breach of contract by the Department of Justice in connection with civil rights guarantees contained in federal contracts and grant awards seeking to recover previously received funds paid to them under these contracts and grants.”

It concludes with the not-so-subtle warning: “The use of certain DEI practices can violate federal law. The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences, including: The use of the provisions of 42 U.S.C. § 2000d-1 to seek the “termination of or refusal to grant or to continue assistance under such program,” eliminating federal funding for any SEA, LEA, or educational institution that engages in such conduct. For entities and institutions that use DEI practices in violation of federal law, those entities may incur substantial liabilities, including the potential initiation of litigation for breach of contract by the Department of Justice in connection with civil rights guarantees contained in federal contracts and grant awards seeking to recover previously received funds paid to them under these contracts and grants. (emphasis mine)

Well, it’s nice to know precisely how loyalty oaths work. They’re a way to dispense of pesky democracy. Moreover, it’s a license to revert back to the days of discrimination based not only on race, but on gender, sexual orientation, religion and creed. And that’s something you can take to the bank.