By Emily Nixon
On Feb. 15, the U.S. Department of Education (DOE) sent a letter to schools, giving them two weeks to review and cut any programs supporting “racial preferences.” Schools found in violation could have their federal funding pulled in retaliation.
In the first footnote, the letter clarifies that ‘school’ is used generally to refer to preschool, elementary, secondary, and postsecondary educational institutions that receive federal financial assistance from the Department [of Education].” These parameters include universities such as Brooklyn College.
“The test is simple: if an institution treats a person of one race differently than it treats another person because of that person’s race,” states the “Dear Colleague” letter released by the DOE, “the educational institution violates the law.”
The DOE gave schools two weeks to review and change programs that use “race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life,” according to the letter.
In 2023, the Supreme Court ruled that “the consideration of an applicant’s race as one factor in making an admissions decision particularly to realize the educational benefits of diversity, is unconstitutional,” according to Standford Law School’s Center for Racial Justice. The DOE is using this ruling to reinforce the standing behind their deadline.
In addition to this deadline, the DOE has been canceling, “[…] over $600 million in federal grants to institutions and non-profits that were using taxpayer funds to train teachers and educational agencies on divisive ideologies,” according to a press release from the DOE on Feb. 17.
According to the DOE press release, the grant funds had been used to buy inappropriate materials, such as, “training materials [bought with taxpayer funds] included inappropriate and unnecessary topics such as Critical Race Theory; Diversity, Equity, and Inclusion; Social Justice Activism; ‘anti-racism’; and instruction on white privilege and white supremacy,” stated the press release.
The DOE also stated, “[…] school[s] may not use students’ personal essays, writing samples, participation in extracurriculars, or other cues as a means of determining or predicting a student’s race and favoring or disfavoring such students,” in the letter.
Additionally, the letter deemed “eliminat[ing] standardized testing to achieve a desired racial balance or to increase racial diversity,” as unlawful and discriminatory and barred schools from cutting testing requirements.
If schools do not comply with the deadline and requirements in the letter, they risk “[…] potential loss of federal funding,” if they are found violating civil rights law according to the letter.
“The funding at risk includes Title IV [Federal Financial Aid Legislation], student loans, state funding for curriculum development, free or reduced lunch programs, and students with special needs among others,” according to NPR.
The fight against President Donald Trump’s executive orders concerning DEI began on Feb. 21.
“A federal judge in Maryland temporarily blocked some enforcement of a series of executive orders by President Trump targeting diversity, equity, and inclusion programs, halting a widespread crackdown on such initiatives across the federal government,” reported the NYTimes. The presiding judge from Maryland said, “[…] the defendants shall not ‘pause, freeze, impede, block, cancel, or terminate any awards, contracts or obligations,’ or ‘change the terms of any current obligation’ related to equity programs. The executive orders had required a halt to spending on diversity initiatives throughout the federal government.”
This is a developing story, as new lawsuits and civil actions are being filed in retaliation to the executive orders.