Cherry Creek School District Hit With Federal Complaint Over Teacher Pledge

Defending Education filed a federal civil rights complaint on Monday against the Cherry Creek School District, accusing the Colorado school system of discriminating in employment based on race. The organization submitted the document to the U.S. Department of Education, alleging that the district’s labor contract contains explicit racial preferences that conflict with federal law.

The dispute centers on a document titled the "Educators of Color Declaration," which the district and its teachers' union agreed to in June 2023. The declaration commits both parties to recruiting, retaining, and advancing educators of color. Cherry Creek School District serves 52,000 students and more than 300,000 residents in the southeast Denver metropolitan area, making it the fourth-largest district in the state.

Sarah Parshall Perry, Vice President and Senior Legal Fellow at Defending Education, stated that the district has written racial preferences directly into its teachers’ contract. "The district’s ‘Educators of Color Declaration’ commits it to recruiting, retaining, and promoting teachers based on the color of their skin," Perry said. She added that this means other equally qualified teachers are passed over for the same reason.

The complaint argues that this arrangement violates Title VI, which prohibits race discrimination in federally funded programs. Perry noted that the Supreme Court’s decision in Students for Fair Admissions established that the law is colorblind. "A school district cannot cure a race-based hiring policy with generic 'equal opportunity' language," she said.

A separate provision within the same agreement states that recruitment, hiring, and advancement should be based on qualifications without regard to race. The complaint contends that the two clauses create a contradiction that favors race-based decision-making. The 2026-2027 Negotiated Agreement further specifies that all policies should reflect core values by grounding negotiations in diversity, equity, and inclusion.

The new filing follows a separate investigation announced by the Department of Education on June 8. That probe examines allegations that Cherry Creek sponsored racially discriminatory programs affecting students, teachers, and parents. Assistant Secretary for Civil Rights Kimberly Richey said at the time that federal law prohibits race from being a factor in how a school educates students or trains teachers.

Defending Education asked the Office for Civil Rights to open an investigation into the district’s workforce practices. The organization argues that while Cherry Creek is under no obligation to accept federal funding, its choice to do so requires adherence to federal anti-discrimination laws. The group wants an end to what it describes as a racial balancing scheme for the district's workforce.

The Trump administration has recently moved to limit the use of race in education, including proposals to revoke the tax-exempt status of private schools that consider race in admissions. The Department of Education did not immediately confirm the receipt of the new complaint, with a spokesperson noting that the department does not confirm complaints.

Cherry Creek School District did not immediately respond to a request for comment on Monday. The district’s website lists the Educators of Color Declaration as part of its ongoing efforts to support a diverse teaching staff, a commitment that has now drawn formal federal scrutiny.