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Superintendent delays signing federal nondiscrimination attestation, cites legal review and funding risk
Summary
The superintendent told the Concord School Board she has not signed a federal attestation on nondiscrimination and is awaiting legal advice because the district could risk federal funds if it signs incorrectly; she described the document's potential consequences and said she was seeking counsel.
The Concord School District superintendent told the board on April 7 she has not signed a federal attestation that the district is in compliance with nondiscrimination requirements and is awaiting legal advice before doing so.
The document, received Friday and with a stated April 10 deadline, “attests to the fact that there is, no discrimination, in the district,” the superintendent said at the meeting. She said there are “consequences” if it is not signed by the deadline and that, if mishandled, the district’s federal funding could be jeopardized.
“As your superintendent I would never put this district in jeopardy,” she said, adding she is “waiting for legal advice” before signing. She told the board that the district receives entitlements on the order of “around 4 or $5,000,000” in recurring federal funds (programs she cited included special education, Title I and homeless services) and that, together with competitive federal grants, total annual federal funding can rise “up to 6 to $7,000,000.”
Board members asked whether signing could require the district to repay previously received funds; the superintendent said the document sets out enforcement consequences and that executive orders and federal requirements inform the rules. Board members also asked whether other districts were facing similar demands; the superintendent said she has been consulting the superintendent’s association and that, to her knowledge, the ACLU planned to petition courts over the document on the coming Wednesday.
Board members emphasized that the district’s DEI work has focused on equity for all students, including those who are low‑income, homeless or have learning needs, and said contracts for outside DEI work go through legal review. The superintendent said she has asked for formal legal review and for advice from the district’s counsel and from the association.
What the board did
No formal board action was taken at the meeting on signing the attestation. The superintendent said she would not sign until she had legal advice and would brief the board after counsel rendered an opinion.
Why it matters
The superintendent framed the attestation as carrying direct financial risk if it is not completed properly; the funds she cited support special education, Title I and other programs that serve vulnerable students. The board and superintendent said they are trying to balance compliance with federal requirements against caution about potential overreach or ambiguous language in the attestation.
Follow-up
The superintendent said she would present legal guidance in a nonpublic session if necessary and keep the board informed. Board members and staff said they are monitoring possible litigation and statewide responses to the attestation.
