Federal Complaint Against Colorado School District Over Race-Based Policies
One of the largest school districts in Colorado is now facing a federal civil rights complaint regarding a commitment it made with its teachers’ union to enhance the recruitment and retention of educators of color.
Defending Education submitted the complaint to the U.S. Department of Education, alleging that the Cherry Creek School District (CCSD) is engaging in racial discrimination in its employment practices. The CCSD is Colorado’s fourth-largest school district, catering to approximately 52,000 students and serving a community of over 300,000 in the southeast Denver area.
The core issue revolves around the “Educators of Color Declaration” adopted by the district in June 2023. This agreement asserts that CCSD and its teachers’ union are committed to promoting and supporting educators of color. However, it also includes a clause stating that hiring and advancement should be based solely on qualifications, irrespective of race.
According to Sarah Parshall Perry, Vice President and Senior Legal Fellow at Defending Education, the contract allegedly prioritizes racial preferences. She expresses concern that this approach could inadvertently lead to qualified candidates being overlooked in favor of those with different racial backgrounds—a practice she argues violates both Title VI and the Fourteenth Amendment. Perry references a Supreme Court ruling, stating that the law should be “colorblind,” and that a race-based hiring policy cannot be justified by vague language about equal opportunity.
Title VI of the Civil Rights Act prohibits race discrimination in programs receiving federal funding, while Title VII specifically addresses employment discrimination. This raises questions about how CCSD’s policies, particularly regarding teacher recruitment and advancement, will be implemented in practice.
The “Educators of Color Declaration” not only commits the district to intentionally attract highly qualified educators of color but also emphasizes the retention of current staff and their progress into leadership roles.
Moreover, the agreement dictates that all related policies should reflect the district’s core values centered around diversity, equity, and inclusion, based on the Negotiated Agreement available for the 2026-2027 period.
Perry highlights that while Cherry Creek is not obligated to accept federal funds, its decision to do so means it must comply with relevant laws, including those prohibiting discrimination in the workforce. She has called on the Office for Civil Rights to initiate an investigation into these practices.
This complaint from Defending Education follows an earlier investigation launched by the Department of Education in June, which looked into allegations of discriminatory programs within the Cherry Creek School District involving students, teachers, and parents.
In light of these developments, federal authorities have underscored that racial discrimination cannot play a role in educational practices or teacher training within the district. In a related note, the Trump administration has intensified scrutiny over DEI initiatives across the educational landscape, suggesting regulatory changes that would affect institutions considering race in admissions and funding.
The Cherry Creek School District has yet to respond to requests for comments regarding the complaint. A spokesperson from the Department of Education indicated that the department does not confirm the existence of complaints.
