Department Guidance on Racial Preferences in Education
February 27, 2025
On February 14, 2025, the United States Department of Education, Office of Civil Rights (the Department) published a “Dear Colleague Letter” (DCL) signed by Acting Secretary for Civil Rights Craig Trainor that provides guidance for all educational institutions receiving federal funding regarding impermissible diversity, equity and inclusion (DEI) practices relying on the Supreme Court decision in Students for Fair Admissions v. Harvard (SFFA), 600 U.S. 181 (2023). This DCL guidance was “designed to provide clarity to the public regarding existing legal requirements under Title VI, the Equal Protection Clause, and other federal civil rights and constitutional law principles” and follows President Trump’s January 21, 2025, Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” It additionally supplements a recent memorandum issued by United States Attorney General Pam Bondi to the U.S. Department of Justice that further attempts “to encourage the private sector to end illegal discrimination and preferences.” While the DCL states that it “does not have the force and effect of law and does not bind the public or create new legal standards,” the DCL clearly signals the likely enforcement direction that the new administration will take. Since penalties for noncompliance may include loss of federal funding in addition to other sanctions, institutions should thoroughly review the DCL with counsel.
