The GSA’s Proposed Certifications Ignore Well-Established Federal Civil Rights Law; Why SEF is Concerned and What the Federal Government Should Do Next.
The Southern Education Foundation (SEF) recently submitted public comments to the Office of General Services Administration Information Technology (GSA) in response to a proposed rule titled “System for Award Management Registration Requirements for Financial Assistance Recipients.” The proposed certifications would compel SEF to follow guidance that would make it difficult for the Equity Assistance Center South (EAC-South) to perform its Congressional mandate of resolving racial segregation in public education.
EAC-South is one of four Equity Assistance Center programs (EACs) in the United States, which were created under Title IV of the Civil Rights Act of 1964 to support states and school districts in resolving issues of school desegregation.
The proposed rules as they currently stand, require all grantees that receive federal financial assistance to comply with federal laws and the U.S. Constitution. But this is not a new requirement for federal grantees. However, what is a new requirement for federal grantees under the GSA’s proposed certifications is agreeing to follow GSA’s inaccurate interpretation of federal anti-discrimination laws.
The GSA’s proposed certifications list “race-based” activities and program participation as examples of violations to federal anti-discrimination laws, without any explanation or elaboration on what constitutes “race-based.” The GSA’s proposed certifications as currently written would make it difficult for SEF to operate the EAC-South with our statuary purpose to resolve issues of school desegregation, because of the added restrictions around “race-based” program participation.
The GSA’s proposed certifications could be construed to outlaw the very purpose and presence of the EAC program, as the centers have a Congressional mandate to address school desegregation matters, often in ways that are inherently based on race. This is due in large part because the lawful segregation Congress sought to end through the Civil Rights Act of 1964 was segregation based on race.
While some may argue that there is no need for assistance in desegregating public schools, the fact that there are still 130 school districts in the South still under federal desegregation orders proves otherwise. If the GSA’s proposed certifications are enacted, EAC-South may not be able to perform its legal mandate of providing assistance to desegregate public schools.
Additionally, The GSA’s proposed certifications would not only significantly impact EAC-South’s ability to fulfill its legal purpose, but also would undermine the Congressional intent of Title IV of the 1964 Civil Rights Act. The GSA’s proposed certifications would effectively pressure operators of EACs to comply with conditions that lack congressional approval and oppose the Civil Rights Act of 1964, which was created to address issues of racial discrimination.
Lastly, the GSA’s proposed certifications could compel federal grantees to follow any executive branch agency guidance, regardless of the agency that funds an organization’s grant. EAC-South has firsthand experience with unlawful executive guidance. In February 2025, the U.S. Department of Education abruptly terminated the funding of EAC-South due to alleged “inconsisten[cies] with… Department priorities.” Said Department priorities were eliminating “illegal diversity, equity, and inclusion policies and practices.” When the U.S. District Court sided with SEF, holding that “the audacity of terminating [SEF’s] grant based on ‘DEI’ concerns is truly breathtaking,” it highlighted how EAC-South’s lawful mandate was being impeded by executive agency guidance.
Due to these concerns, SEF’s comments proposed several recommendations to GSA.
- SEF recommended that GSA withdraw these proposed certifications because federal grantees already agree to abide by the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment, which are well-established law prohibiting racial discrimination. Since federal grantees must abide by these laws already, any additional certifications are unnecessary.
- SEF recommended the GSA withdraw the proposed certifications because the certifications do not accurately describe federal law or the expectation that school districts reach unitary status to cease court ordered desegregation mandates. The GSA’s disregard of school districts reaching unitary status shows the inaccuracy of the proposed certifications regarding school desegregation. Without mentioning this well-defined legal standard, the proposed certifications do not provide the full context of resolutions to racial discrimination in public education.
- If GSA decides to maintain its proposed certifications, SEF recommends that GSA explicitly carve out an exception for EACs to conduct their Congressionally mandated work of assisting school districts in racial desegregation matters.
SEF urges GSA to reconsider these proposed certifications and remain consistent with well-established federal law. As SEF continues to serve as the nation’s longest-standing education opportunity organization, our concerns and recommendations highlighted in this comment letter seek to maintain education policies and address systemic inequities in education.