Education Dept. Gives Schools Two Weeks to Eliminate Race-Based Programs

On Friday, the Education Department issued a warning to schools, stating that they could face a loss of federal funding if they continued considering race when making decisions about scholarships, hiring, or any other aspects of student, academic, or campus life.

Schools were given 14 days to comply with the directive, which builds on the Supreme Court’s 2023 ruling that deemed race-conscious admissions practices at colleges and universities to be illegal. However, the letter extended the scope of that decision, informing schools that even considering race in staffing decisions or providing services to specific student groups would be grounds for potential penalties.https://svtoday.org/

This letter represents the latest effort by the Trump administration to redefine programs aimed at supporting historically underserved groups, such as Black and Latino students, and label them as racial discrimination. It also seems to align with President Trump’s broader campaign to eliminate diversity, equity, and inclusion initiatives from federal institutions, which critics have condemned as a form of disguised racism.

Craig Trainor, acting assistant secretary for civil rights at the Education Department, stated that these programs, which have traditionally helped minority students achieve higher education, often did so at the expense of “white and Asian students from disadvantaged backgrounds.”

He emphasized, “If an educational institution treats someone differently based on their race, it violates the law.” He further clarified that institutions may neither segregate students based on race nor offer benefits or impose burdens based on racial distinctions.

In addition to the letter, the department also announced the cancellation of $600 million in grants that supported teacher training in areas like critical race theory, social justice, antiracism, and “white privilege” education.

The guidance in the letter applies to all institutions receiving federal funding, including K-12 schools, though it could have a more significant impact on higher education. Many universities offer scholarships or maintain programs specifically for students of certain racial or ethnic backgrounds, and some of these decisions are made by student governments or external organizations.

The guidance affects a wide range of areas, prohibiting race-based decisions in admissions, hiring, promotions, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student and campus life.

Some schools have already taken steps to comply with the directive, such as West Point, which moved to immediately disband 12 affinity groups, including organizations for Black, Asian, and Vietnamese-American students.

Other colleges have suspended events like Lunar New Year celebrations or canceled forums on race and diversity. The letter also made clear that even honoring Black students separately at graduation ceremonies could be considered discriminatory.

“In a regrettable echo of a darker chapter in American history,” Trainor wrote, “some schools even encourage racial segregation in graduation ceremonies, dormitories, and other facilities.”

At Columbia last year, a separate ceremony was held by pro-Palestinian activists after student protests led to the cancellation of the main commencement ceremony.

Legal experts have noted that while the Education Department’s warning is broad, it doesn’t address areas like recruitment or retention programs aimed at certain demographics, which might be necessary due to higher transfer or dropout rates for some groups.

Additionally, the guidance on altering hiring practices may face legal challenges since it wasn’t a focus of the Supreme Court’s decision on affirmative action.

Jeff Weimer, a partner at the law firm Reed Smith, highlighted the ambiguity of the letter, especially concerning affinity groups that promote specific cultural identities. He questioned whether an organization that celebrates Asian culture, for example, but is open to all students, would be prohibited under the new interpretation.

“There’s no clear answer to that, or to many other variations of the same question,” he concluded.