You may have seen a graphic using bicycles to explain how equity is different from equality. It shows a handful of people with different body types treated equally when trying to ride bicycles that are the same equal size. In a second panel, it shows each of them with a different bicycle that’s equitably sized just for them, and they all get to ride safely.
“We feel strongly providing equitable options for and access for all of our students.”
That’s Superintendent Luke Meinert of the Fairbanks North Star Borough School District.
The letter from the United State Department of Education came addressed to “Dear Colleague,” which is a standard for guidance to colleges and school districts.
"The Dear Colleague letter was a bit of a surprise to school districts, throughout the state of Alaska. There wasn’t enough detail in there to make strong policy decisions on.”
The letter says all students are entitled to a school environment free from discrimination. But then it defines that environment as one of equality – no special treatment for marginalized or under-performing groups, especially defined by race. It says Diversity, Equity and Inclusion policies, DEI for short, have harmed white and Asian students.
“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices. 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."
"DEI programs, for example, frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not."
The letter was sent to preschools, and elementary, secondary, and postsecondary educational institutions that receive federal money.
Meinert says depending on how you add that up, federal money is $30 million for Fairbanks public schools.
“We're not quite sure what they mean by withholding federal funds. Are you talking about, the National School Lunch Program that feeds our most vulnerable students every day? Are we talking about our Alaska Native Education program that provides supports for Alaska native students? Are we talking about the McKinney-Vento funding that provides supports for our homeless or unhoused students? The impact aid funding or direct funding from, uh, the military bases to help support their schools? And so lots of questions about what this actually means and who it will impact,” Meinert said.
The letter says the US DOE will start assessing compliance QUOTE “based on the understanding embodied in this letter” by February 28.
The concepts of equity and inclusion are integrated in the District’s current strategic plan and in many of the policies the Board of Education has passed over the years. Across the top of district webpages is the district’s name and the tagline: “Equity and Excellence for all.”
And school board president Melissa Burnett says policy changes take time.
“When you take away a policy, you have to do it the same way you implement a policy. You bring it forward, you do two readings And so this 14 day time limit, this two week thing…”
Burnett says the board does nothing without input from families and teachers and appropriate public notice under state law.
“And when you look at us and say, ‘We need you to retract this within two weeks’ … To even implement a policy’ is at least a six weeks, with all the readings and all the schedulings that we have to do to make it proper,” Burnett said.
And that’s if the board wants to make a change. Right now, the board’s calendar is full of budget work sessions and meetings, and then they are working on the strategic plan for the next five years.
The board has hired outside legal counsel John Sedor with long experience representing school boards, to help them figure out next steps.
“We are currently waiting on feedback from our attorney on how to proceed and what to do from here because this isn't an easy process.”
The Fairbanks North Star Borough has a unique relationship with Fairbanks Native Association, forged in 1987 when they negotiated an agreement for Alaska Native education standards, after the Fairbanks Native Association filed a lawsuit asking for better service for Native Students. The agreement was renegotiated and affirmed in 2008. Because of that the district has an Alaska Native Education office, which acts as a central resource, with materials, training and tutorial support for the whole district.
Meinert says that could be construed as special treatment – equitable, but not equal.
“Our students here in Fairbanks and across the state, our Alaska Native students need additional supports than some of our other students, and aren't performing at similar levels for a variety of reasons. And so, uh, the impact at the federal level of withholding funds for that program could be catastrophic for the families in our district,” he said.
The Dear Collegue letter references the 2023 US Supreme Court case that determined certain Affirmative Action programs at Harvard University were discriminatory.
But some legal scholars have written their own response. In a letter from the National Association of College and University Attorneys, and signed by 25 law professors around the country they explain why DEI programs in educational institutions are legal and defensible.
“We've met with our legal counsel and we do think it's appropriate to have a wait and see approach to what's going to actually come from the federal government,” Meinert said.
