As April 24, 2025, approaches, I contemplate the future of federal funding overseen by the U.S. Department of Education. This date serves as a deadline for state and local education agencies to decide whether they will comply with the terms required to receive federal funding. While many state and local education agencies have already signed the requested certification of acknowledgment, Fulton County Schools has not indicated what action it will take.
What is at stake for Fulton County Schools is an estimated $49,469,573 in federal grant funding for FY 2026. While the significant amount of federal funding might initially suggest an obvious path forward, this decision is highly complex. This decision will influence not just federal funding for years to come but also the curriculum taught in our schools, the standards of achievement by which our students are measured, the quality of teachers retained in the District, and countless other tangible and intangible metrics.
In light of the upcoming deadline, I have devised five potential scenarios based on the actions Fulton County Schools, the Georgia Department of Education, and the U.S. Department of Education could take. But before I outline these scenarios, we must understand the situation Fulton County Schools is facing.
Department of Education Funding and DEI Compliance
On April 3, 2025, the U.S. Department of Education sent a letter to state and local education leaders requesting acknowledgment of their legal duty to comply with federal laws and administrative policy to receive federal funding from the Department.
The Letter warns that “any violation of Title VI [of the Civil Rights Act of 1964] —including the use of Diversity, Equity, & Inclusion (“DEI”) programs to advantage one’s race over another — is impermissible.” Explaining that continuing such programs would result in losing funding, legal action, and/or fines. After review, state and local education leaders are to sign and return the attached certificate of acknowledgment within 10 days or lose all Department of Education funding.
On April 9, 2025, I wrote the Georgia Department of Education asking if “Mr. Richard Woods, State Superintendent, signed and returned the certified letter included [with the April 3 letter from the U.S. Department of Education]?” Here is the response I received on April 10, 2025,
“Thank you for reaching out and sharing your concerns. We will comply as our school districts rely on funding from the federal government to carry out critical work for economically disadvantaged students, Special Education, and more.”
In other words, the Georgia Department of Education will comply with the April 3rd Letter.
However, at this same time, plaintiffs in a lawsuit against the U.S. Department of Education filed for an emergency motion to stop the certification requirements set out in the April 3rd Letter. An agreement between the parties provided state and local education agencies (SEA / LEA) with an extension until April 24, 2025. According to the ACLU, this agreement
“ensures that no school district, state agency, or higher education institution will face investigation or penalties for failure to return the challenged certification that diversity, equity, and inclusion efforts do not exist within their curriculums. … The agreement also clarifies that any certifications submitted by states or local education agencies will not become effective before April 24 and may not be used for any purpose, including as the basis for enforcement actions, investigations, or liability under the False Claims Act or similar legal claims.”
Navigating the Uncertainty: Potential Scenarios
With April 24 just days away, the future of federal funding for Fulton County Schools is up in the air. Considering the actions that Fulton County Schools (FCS), the Georgia Department of Education (GADoE), and the U.S. Department of Education (ED) can take, there are five possible scenarios for federal funding in the District.
Scenario #1: Federal Funding Continues Without A Hitch
In this scenario, FCS signs the certificate of acknowledgment attached to the April 3 Letter. The GADoE would accept the certificate on behalf of ED and confirm that FCS is not violating Title IV of the Civil Rights Acts of 1964.
Result: FCS will continue to receive federal funding, i.e., the remainder of grants for FY 2025, the expected revenue for FY 2026, etc.
Scenario #2: All Federal Funding Halted Until A Later Date
This scenario is the same as above, except the multiple lawsuits concerning the April 3 Letter against ED continue litigation.
Result: Funding from the ED is on hold as it awaits the resolution of ongoing lawsuits, referencing the precedent established by the U.S. Supreme Court in DEPARTMENT OF EDUCATION, ET AL. v. CALIFORNIA, ET AL.
Scenario #3: Federal Funding (Temporarily?) Halted
Like the above two scenarios, FCS signs the certificate of acknowledgment attached to the April 3 Letter. After receipt of the certificate, the GADoE finds that FCS is violating Title IV of the Civil Rights Acts of 1964 (Title IV).
Result: FCS no longer receives ED grant funding. It is unclear whether violating Title IV leads to suspending federal funding until corrections are made or if the District loses eligibility for undistributed and future funding.
Scenario #4: All Federal Funding Ends
In this scenario, FCS does not sign the certificate of acknowledgment attached to the April 3 Letter.
Result: FCS is no longer eligible to receive federal funding from ED.
Scenario #5: The Future of Federal Funding Depends on Court Rulings
In this scenario, like the last one, FCS does not sign the certificate of acknowledgment attached to the April 3 Letter. However, as in scenario #2, the litigation against ED concerning the April 3rd Letter continues.
Result: As in scenario #2, funding from ED is paused until lawsuits are resolved. Depending on the court rulings, FCS may or may not receive ED grant funding in the future.
Broader Implications of Federal Funding Uncertainty
While I cannot predict the future, it is clear that significant uncertainty surrounds federal funding from the U.S. Department of Education. No matter what happens with Fulton County Schools, the consequences of the actions already taken by the U.S. Department of Education will have lasting effects on school districts and educators nationwide. In turn, this may negatively impact our students for years to come.
The Learning Ledger 
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