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In response to requests from the state and federal education departments, the Flagstaff Unified School District's (FUSD) board authorized on Tuesday the signing of a document attesting that the district is in compliance with Title VI of the Civil Rights Act.

The assurance form is called the “Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request for Certification under Title VI and SFFA v. Harvard.�

The Arizona Department of Education (ADE) sent this form to all Arizona school districts and charter schools to sign in response to a requirement to sign specific assurances the U.S. Department of Education sent to each State Education Agency on April 3. The deadline to sign the document was April 24, 2025.

The document cites Title VI of the Civil Rights Act of 1964, which says that "no person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Adhering to Title VI is a requirement for receiving federal funding.

The U.S. Department of Education's document adds that "the use of Diversity, Equity & Inclusion programs to advantage one's race over another -- is impermissible" and a violation of Title VI.

"The use of certain DEI practices can violate federal law," it said. "The continued use of illegal DEI practices may subject the individual or entity using such practices to serious consequences."

As listed in the document, those consequences include losing federal funding, possible litigation from the Department of Justice and penalties under the False Claims Act for institutions attempting to submit claims for federal funds while not in compliance.

Both the FUSD agenda item and Superintendent Michael Penca noted that the terms “DEI� and “illegal DEI� were included in the form but not defined.

“As such the district cannot attest to compliance with the unknown,� according to the agenda. “[FUSD] does provide assurance that it has policies and procedures in compliance with Title VI of the Civil Rights Act of 1964 subject to any court or other legally binding orders that may affect the requirements." 

Erik Sather, the board's president, read this as part of the motion to approve authorization. 

Penca said during the meeting that if the board did not approve his signing this document, FUSD would be under additional scrutiny and possibly lose funding. He said the district receives between $7 and 8 million in federal grant funding each year -- which it uses to fund 63.5 staff positions and support economically disadvantaged students, students with disabilities and Indigenous students. 

He recommended the board approve this item.

"I’m really proud of the work our district has done to make sure each of our students have the access they need to quality learning opportunities, the support and services they need,� Penca said. “Our district does not discriminate our students, families or staff based on their race or ethnicity. � If the governing board would decide not to have me sign and submit this assurance form, it’s possible that the district would face possible inquiries of our practices and have the loss or holding of our federal grant funding.�

He added: “I want to make sure that our students who need support and services can continue to receive that and we can continue to employ the staff doing great work with our students.�

FUSD’s board voted 4-1 to authorize Penca to sign this document, with member Aaron Cirzan being the only dissenting vote. He was one of three board members (along with Sather and member Kortney Zesiger) to express during the meeting that they disagreed with the district having to sign such a statement. Board members Carolyn Kidd and Melissa Kirk did not comment during this item.

"I am deeply disappointed by the tone and the direction of the U.S. Department of Education’s directive forcing schools to sign politically charged statements under the threat of defunding," Zesiger said. "It’s not only coercive, it’s a profound abuse of power. Like many districts across the country, we are signing these assurances only because failure to do so will jeopardize the vital resources our students rely on. But let the record show: the signature is not consent. It is not an agreement; it is survival in the face of a threat.�

In his comment, Cirzan refuted state Superintendent of Public Instruction Tom Horne’s claims that the use of DEI programs "promotes racial discrimination" made in an April 3 memo announcing this assurance form to Arizona schools. Cirzan called for Horne to stop making such statements.

“In saying this, Mr. Horne has perpetuated a myth that is hurting our students, schools and communities," he said. "Holding funding hostage meant to close the education gap and serve our most marginalized population on a false and baseless claim is inappropriate and wrong."

Cirzan said when he asked about how DEI is used during visits to FUSD schools this week, teachers told him, “I’m not sure what qualifies as DEI.� He watched a student give a presentation on his cultural heritage, which Cirzan said benefited both this student and his classmates.

“This is the power of engaging work around diversity in our schools -- providing each individual value to connect at a basic level of humanity," he said. "Tonight as we vote, it is important to recognize FUSD has not and is not doing anything wrong. � I question at what point do we stand up and say, 'This is not OK.'�

Recordings of FUSD board meetings can be viewed at , with discussion of this item beginning around 3 hours and 25 minutes into the April 22 meeting.