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August24

UPDATED: Group identifying as compliance firm contacting schools

The following message from ASBSD Director of Policy & Legal Services Gerry Kaufman deals with an entity THAT IS AGAIN CONTACTING South Dakota school districts about a compliance matter. ASBSD wants to bring to your attention the potential for communication – both by phone and email –  from the entity.  

 

School districts in South Dakota should be aware of the possibility that they may be contacted by an entity by the name of Minority Success.  

 

According to its website (http://minoritysuccess.us/about-us/faq), Minority Success is an Affirmative Action compliance firm and an independent organization.  

 

As was the case in 2014, school districts in South Dakota are again reporting contact by Minority Success. A South Dakota school district reported in 2012 it was charged $900 for simply responding to an innocuous looking email that, in its fine print, stated a contractual obligation to pay Minority Success the fee upon replying to the email.  

 

Schools in different states have also been contacted, some on multiple occasions. A school in Kentucky was contacted three times in the past two years and finally Minority Success was told to call the school’s attorney.  

 

After the school district in Kentucky informed their school attorney a fee needed payment in order to be in compliance with federal anti-discrimination laws, a Minority Success representative acknowledged they did not work for the federal government.  

 

In New York, a school received phone calls from the Affirmative Action Compliance Department of the Minority Success Network demanding payment for services. The school initially believed it was speaking with someone at the state education department, but learned Minority Success was not a government affiliated entity.  

 

In Nebraska, at least a dozen schools received calls from Minority Success during the 2013-2014 school year. Minority Success has continued to call many of the same schools even after being told to direct all future calls to the school attorney.  

 

According to the Kansas Association of School Boards, Minority Success started by mailing letters to schools on letterhead that made it look like an official government document. The letter said compliance with the law required the posting of jobs and advertising in certain publications even though there was no legal authority behind the claim.  

 

Recently, communication from Minority Success has left a negative or unfavorable impression with the schools.  

 

The SD Department of Education and the SD Attorney General Consumer Protection Office are aware of the concerns related to Minority Success. Any district who has been contacted by Minority Success is asked to contact the S.D. Attorney General Consumer Protection Office at 1-800-300-1986.  

 

Should your school be contacted by Minority Success, it is highly recommended that your school make no commitment without first contacting your school attorney or alternatively directing Minority Success to contact your school attorney.  

 

You may also wish to forward this notice to your school attorney in order that your school attorney is aware of Minority Success.   If you have questions, please contact Kaufman at 605-773-2513 or gkaufman@asbsd.org.

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