DISMISSED OCR COMPLAINT: Burnsville High School

On February 14, 2024, Parents Defending Education (PDE) filed a federal civil rights complaint with the U.S. Department of Education against Burnsville High School in Burnsville, Minnesota for discrimination on the basis of race and national origin in programs or activities that receive federal financial assistance in violation of both Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §2000d et seq., and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

PDE makes this complaint as an interested third-party organization with members who are parents of school children throughout the country. PDE and its members oppose discrimination on the basis of race, national origin, and political indoctrination in America’s schools. Burnsville High School is offering programming to affinity groups that is not open to all students. Admittance is solely based on an individual’s race and national origin. Attached to this complaint is supporting evidence in the form of two webpages on the District’s website titled “Affinity Groups” (Exhibit A) and “Student-Led Groups” (Exhibit B).

Exhibit A specifies students are able to join “Indigenous Student Council (ISC)” based on their race and national origin. The affinity group’s summary states, “Open to all eligible American Indian/Alaska Native (Indigenous) Students, grades 7-12” (Ex. A at 2). Unlike the other six affinity groups identified in the exhibits, the Indigenous Student Council (ISC) is the only group that explicitly states it is not open to the entire student body.

Accordingly, we ask that the Department promptly investigate the allegations in this complaint, act swiftly to remedy unlawful policies and practices, and order appropriate relief.

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On September 27, 2024 the U.S. Department of Education Office for Civil Rights dismissed this complaint. See the letter here.