Tolleson Union High School Board authorizes superintendent to decide whether to sign federal "DEI" assurance letter

The Tolleson Union High School District Governing Board voted to authorize the superintendent to use his discretion to sign or not sign a federal "DEI assurance" letter, a move board members said was necessary because the letter could put the district at risk of losing federal funds if the Department of Education deems some programs to be prohibited.

Board President (name not specified) opened the discussion and asked Superintendent Geisinger to summarize the document. Superintendent Geisinger told the board the letter describes certain DEI actions as discriminatory but does not define what practices would be considered DEI. He warned the district faces the possibility of federal funds being withheld if it does not sign and said the letter also threatens additional liabilities if the district signs but later is found to have programs the federal government classifies as DEI and does not stop them immediately.

Superintendent Geisinger gave estimates for potential funding at risk, saying a global hold on Title I funds would put roughly $2.6 million to $2.7 million at risk for the district. He said consolidated program funding could be in the "ballpark of $3.3 million" and that if every federal dollar were withheld the figure could reach about $21 million per year. Geisinger said districts placed on withholding generally keep their allocations but do not receive payments until they are deemed compliant, and that recovery typically requires signing the required assurances and making whatever policy changes federal reviewers demand.

Several board members and speakers framed the letter as an effort to redefine DEI in racial terms and to use Title VI and other authorities to curtail equity programs. One board member described the document as a "Trojan horse," arguing that signing would create legal liability and could be used to challenge district language and programs that reference "equity" or similar terms. Another member said, "Equity isn't illegal. We're not discriminating against any student," and said the district has robust anti-discrimination policies in place.

Before the vote the board went into an executive session after a motion and second. Upon returning, a motion that "the Tolleson Union High School District already provides assurances that [it] has policies and procedures in compliance with Title VI of the Civil Rights Act of 1964; therefore, I motion to authorize the superintendent to utilize his discretion to sign or not to sign on behalf of the governing board" was made and seconded. The board approved the motion by roll call: Mister Del Palacio — yes; Mister Ortega Romero — yes; Mister Chapman — yes; Miss Sun (recorded as Miss Sant in the roll call) — yes. The motion authorized Superintendent Geisinger to decide whether to sign the federal assurance letter on behalf of the board.

Board members emphasized they did not take the decision lightly. One member described fears that withholding federal funds would threaten programs such as free meals and other supports, and another said the board is "prepared to stand by what we truly believe in" while also acknowledging the financial stakes.

The board did not adopt any new policy or change existing policy at the meeting. The action taken was limited to granting the superintendent discretionary authority to sign or not sign the federal assurance letter. Members said the district will continue to monitor federal guidance and any review that might follow a withholding of funds.

Notes: the board also briefly moved to an executive session earlier in the meeting to discuss the issue before returning to public session for the final motion and roll call.