The Department of Education recently issued a “Dear Colleague” letter warning academic institutions that federal funding could be at risk if they consider race in various aspects of student life. This directive applies to all educational institutions from preschool to postsecondary levels that receive federal financial assistance.
The letter follows a controversial interpretation of federal law in response to the 2023 Supreme Court decision in the case of Students for Fair Admissions v. Harvard, which significantly impacted affirmative action policies.
The acting assistant secretary for civil rights at the department emphasized that federal law prohibits the use of race in decisions related to admissions, hiring, promotions, financial aid, scholarships, disciplinary actions, housing, graduation ceremonies, and all other facets of student, academic, and campus life.
This interpretation is expected to face legal challenges and could have far-reaching implications, potentially affecting course materials, scholarships for minority students, and student organizations such as Black fraternities and sororities.
The letter explicitly states that any form of race-based decision-making is impermissible, including using personal essays, writing samples, extracurricular activities, or other indicators to determine or predict a student's race and subsequently favor or disfavor them.
In addition, the letter criticized diversity, equity, and inclusion efforts in educational institutions, alleging that students have been exposed to what it described as a false narrative of systemic and structural racism in the United States.
The Department of Education announced plans to evaluate compliance with these directives by February 28, including ensuring that institutions meet antidiscrimination requirements as a condition for receiving federal funding.
