U.S. Department of Education bans educational institutions from considering race
Educational institutions receiving federal funds — including preschool, elementary, secondary, and postsecondary educational institutions, as well as state educational agencies — have been directed by Craig Trainor, acting assistant secretary for the Office of Civil Rights in the U.S. Department of Education, to “cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond.”
The department will begin assessing compliance beginning no later than Feb. 28, the letter says.
On Friday, Feb. 15, 2025, the U.S. Department of Education sent a “Dear Colleague” letter to educational institutions receiving federal funds. On Tuesday, the department published the notice and the letter on its website.
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“Discrimination on the basis of race, color, or national origin is illegal and morally reprehensible,” writes Trainor in the letter. “In recent years, American educational institutions have discriminated against students on the basis of race, including white and Asian students, many of whom come from disadvantaged backgrounds and low-income families. These institutions’ embrace of pervasive and repugnant race-based preferences and other forms of racial discrimination have emanated throughout every facet of academia.”
Trainor also says, “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices.”
Trainor contends that “The law is clear: 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.”
Trainor advises educational institutions to:
1. ensure that their policies and actions comply with existing civil rights law;
2. cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and
3. cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race.
Footnote three in the letter notes, “This guidance does not have the force and effect of law and does not bind the public or create new legal standards,” but the body of the letter says educational institutions that fail to comply may “consistent with applicable law, face investigation and loss of federal funding.”
Those interested in commenting on the guidance are invited to email comments to OCR@ed.gov or write to the following address: Office for Civil Rights, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202.
The letter says “anyone who believes that a covered entity has unlawfully discriminated may file a complaint with OCR.”
A legal challenge is anticipated.