EXCLUSIVE — A conservative education watchdog filed a federal civil rights complaint on Wednesday, accusing Portland Public Schools of illegally steering millions of taxpayer dollars into a race-exclusive education initiative, even as the district confronts a widening budget crisis.
Defending Education submitted the complaint to the Department of Education’s Office for Civil Rights on Wednesday, alleging that Portland’s Center for Black Student Excellence violates Title VI of the Civil Rights Act and the equal protection clause by directing programs, services, and facilities on the basis of race.
The filing comes weeks after the Portland school board voted unanimously to spend $16 million on a commercial building in North Portland to serve as the future home of the center. However, district officials expect to spend an additional $20 million to $25 million on renovating the property, with construction projected to take two to three years before the building can open to students, raising concerns among the community about the project extending far beyond the budget.
Defending Education argues that during that period, the district will own an empty facility that “will not educate a single child,” even as Portland Public Schools faces an estimated $50 million budget shortfall next year.
“This is not just fiscally reckless — it’s unlawful,” Sarah Parshall Perry, the group’s vice president, said in a statement. “The district is openly prioritizing students and educators based on race, in defiance of federal civil rights law.”
In 2020, in the heels of nationwide Black Lives Matter protests following the death of George Floyd, Portland voters approved a $1.2 billion construction bond that included funding for the CBSE.
According to an introductory slideshow about CBSE, the material describes “meeting the moment with institutional investment.” It goes on to say that by December 2020, Portland Public Schools Superintendent Guadalupe Guerrero instructed all staff to prioritize the creation of a multiyear plan for “Racial Equity, Inclusion, and Excellence.”
District materials further describe the initiative as a system-wide effort to “center Blackness unapologetically” and ensure Black students and Black educators have access to targeted academic support, mentorship, mental health services, and leadership programming.
Supporters argue that the center represents a long-overdue investment aimed at addressing persistent academic gaps and rebuilding trust in a community marked by decades of displacement and underinvestment. The Oregonian reported that the chosen site is located in the Albina neighborhood, historically the heart of Portland’s Black community, and is part of a broader redevelopment effort that includes a $466 million modernization of nearby Jefferson High School and future housing projects led by the Albina Vision Trust.
At a school board meeting earlier this month, black community leaders praised the purchase as a milestone after years of delays. “We have an opportunity to pioneer the first entity of its kind on a national level,” JT Flowers, a Portland Public Schools graduate, said during public testimony, according to the Oregonian.
But Defending Education argues that intent and history do not override constitutional limits. The complaint notes that district data show students of all races in Portland struggle academically, including Native American and Pacific Islander students who, in some metrics, perform worse than black students — yet are excluded from the center’s race-based programming.
The filing also references recent Supreme Court precedent that bars the use of race in allocating educational opportunities, as well as segregation, and argues that Portland’s model exposes the district to legal and financial risk. A similar race-focused initiative in Los Angeles was modified and opened to all students last year after a similar complaint was filed by the group Parents Defending Education.
Even some board members recently raised concerns during the approval process. According to The Oregonian, officials questioned long-term operating costs, transportation access, and whether bond funds should be used for a facility that will sit vacant for years. District staff responded that interim costs could be covered through bond funding and, later, through tenants, partnerships, and donations.
The Washington Examiner attempted to contact the CBSE for comment but received an automated response stating that the office is “navigating some staff transitions in the midst of the district’s reorganization efforts” and is “unable to connect at this time” while it develops next steps.
Portland Public Schools did not respond to a request for comment.
PORTLAND RESIDENTS AND BUSINESSES ADJUST AS CITY SEES INCREASE IN HOMELESSNESS AND CRIME
Defending Education is urging federal investigators to intervene before construction proceeds further, warning that continued violations could jeopardize federal funding.
The Washington Examiner contacted the Department of Education, but did not receive a response.
