Cherry Creek Schools complaint has been filed with the U.S. Department of Education alleging the Colorado district is using race-based preferences in hiring and promotions under a pledge with its teachers union to recruit, retain and advance educators of color.
Defending Education, a nonprofit, submitted the federal civil rights complaint on Monday, asserting Cherry Creek School District is discriminating on the basis of race in employment. The district is Colorado’s fourth largest, serving about 52,000 students in the southeast Denver metropolitan area, according to district information.
Cherry Creek Schools complaint targets ‘Educators of Color’ pledge
At issue is the district’s June 2023 Educators of Color Declaration, a provision in the negotiated agreement with the teachers union that commits the district to intentional recruitment of highly qualified educators of color, efforts to retain those already employed, and support to help them move into leadership roles. A separate provision in the same agreement says recruitment, hiring and advancement will be based on qualifications without regard to race.
Sarah Parshall Perry, vice president and senior legal fellow at Defending Education, said the declaration builds racial preferences into the contract by tying recruiting, retention and promotion to skin color. She argued that such practices amount to discrimination barred by federal law, citing the Supreme Court’s view that the law is colorblind.
Title VI prohibits race discrimination in federally funded programs under certain conditions. Title VII directly governs employment discrimination, leaving the legality of Cherry Creek’s teacher recruitment and advancement commitments dependent on how the policies are carried out.
The district’s 2026-2027 Negotiated Agreement also states that, to fulfill its goals, all policies in the agreement will reflect the district’s core values by grounding negotiations in diversity, equity, and inclusion.
Perry added that because the district accepts federal funds, it must comply with federal civil rights laws. Defending Education is asking the Education Department’s Office for Civil Rights to investigate and halt any race-based practices.
This filing follows an announcement on June 8 that the Education Department opened a separate investigation into allegations that Cherry Creek School District sponsored racially discriminatory programs involving students, teachers and parents. At the time, Assistant Secretary for Civil Rights Kimberly Richey said federal law bars racial discrimination and that race cannot be a factor in how a school educates its students or trains its teachers.
The Trump administration has recently moved to limit DEI initiatives across education, including a September proposal to revoke tax-exempt status for private schools and colleges that consider race in admissions, scholarships or other programs.
Cherry Creek School District did not immediately respond to a request for comment on Monday. A Department of Education spokesperson said the department does not confirm complaints.
