WASHINGTON – The U.S. Department of Education’s Office for Civil Rights issued new guidance Friday reaffirming that race-based policies in educational institutions receiving federal funding are unlawful, citing the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard (SFFA).
In a letter to schools, Acting Assistant Secretary for Civil Rights Craig Trainor stated that discrimination based on race, color, or national origin remains illegal under Title VI of the Civil Rights Act of 1964. He warned that schools using race as a factor in admissions, hiring, financial aid, and other policies could face enforcement action, including the potential loss of federal funding.
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“The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions,” Trainor wrote. “Treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.”
This applies to public schools at all levels—K-12 and universities—because they receive federal funding.
The letter follows the Supreme Court’s decision in SFFA v. Harvard, which struck down race-based college admissions practices. Trainor emphasized that the ruling applies beyond admissions, barring institutions from using race as a factor in any educational decision-making unless it meets the strict scrutiny standard, which allows for race-based action only in cases of remedying past constitutional violations or addressing imminent safety concerns, such as prison riots.
The guidance also takes aim at diversity, equity, and inclusion (DEI) programs, arguing that they frequently involve race-based preferences and reinforce racial stereotypes. Schools were advised to discontinue any practices that “preference certain racial groups” or that use non-racial factors as proxies for race in decision-making.
The Department warned that compliance assessments will begin within 14 days and urged schools to review their policies immediately. Institutions found in violation could face federal funding consequences.
The guidance does not create new legal standards but reiterates existing federal law. The letter also provides information on how individuals can file complaints regarding potential violations of civil rights protections in education.
Click here to read the entire letter sent to the states.
