A federal civil rights complaint has been filed against one of Colorado's largest school districts, alleging racial discrimination in its employment practices. Defending Education submitted the complaint to the U.S. Department of Education on Monday, targeting the Cherry Creek School District (CCSD) over its agreement with its teachers' union.
At the center of the complaint is the June 2023 "Educators of Color Declaration," a pledge made by CCSD and its teachers' union. This declaration commits the district and union to recruit, retain, and advance educators of color. Defending Education argues that this policy prioritizes race in employment decisions, potentially disadvantaging equally qualified candidates of other races.
"Cherry Creek Schools has written racial preferences directly into its teachers’ contract," said Sarah Parshall Perry, Vice President and Senior Legal Fellow at Defending Education. "The district’s ‘Educators of Color Declaration’ commits it to recruiting, retaining, and promoting teachers based on the color of their skin — which means other equally qualified teachers are passed over for the same reason."
Perry further stated, "That's not diversity; it's discrimination, and it is precisely what Title VI and the Fourteenth Amendment forbid. The Supreme Court could not have been clearer in Students for Fair Admissions: the law is colorblind, and a school district cannot cure a race-based hiring policy with generic ‘equal opportunity’ language."
The "Educators of Color Declaration" also stipulates that to achieve its diversity goals, "all policies in this agreement shall reflect Cherry Creek School District core values by grounding the work of negotiations in diversity, equity, and inclusion (DEI)," according to the district's 2026-2027 Negotiated Agreement.
CCSD, Colorado's fourth-largest school district, serves approximately 52,000 students and more than 300,000 residents in the Denver metropolitan area. The district has not immediately responded to requests for comment. A spokesperson for the Department of Education stated that the department does not confirm complaints.
This complaint follows a separate investigation announced by the Department of Education on June 8 into allegations that CCSD sponsored racially discriminatory programs affecting students, teachers, and parents. Assistant Secretary for Civil Rights Kimberly Richey noted at the time that federal law prohibits racial discrimination and that race cannot be a factor in how schools educate students or train teachers.
The Trump administration has previously signaled a move against DEI efforts in education. In September, it proposed regulations that would revoke the tax-exempt status of private schools and colleges that consider race in admissions, scholarships, or other programs.