Department of Education warns schools to cut DEI policies or lose funding
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People protest the nomination of Linda McMahon as education secretary outside the U.S. Capitol on Feb. 12 in Washington, D.C. Photo: Al Drago/Getty Images
The Department of Education wrote in a letter to academic institutions that it may cut federal funding for those with policies related to race or diversity, signaling the latest crackdown by the Trump administration on diversity, equity and inclusion initiatives.
The big picture: The letter includes a sweeping interpretation of the Supreme Court's affirmative action ruling and instructs schools, colleges and universities to eliminate any DEI policies within 14 days or face funding cuts.
- "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," Craig Trainor, acting assistant secretary for civil rights within the Education Department, wrote in the letter released Friday.
- The directive applies to educational institutions from preschool to college, as well as state education agencies that receive financial assistance.
Zoom in: "At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person's race, the educational institution violates the law," Trainor wrote.
- Schools also can't use students' personal essays, writing samples, extracurriculars, or other cues as a means of determining or predicting race, the letter said.
What they're saying: The letter states that teaching DEI gives preference to one racial group over another and teaches "students that certain racial groups bear unique moral burdens that others do not."
- The programs "stigmatize students who belong to particular racial groups based on crude racial stereotypes," the letter continues.
- The letter adds that federal law prevents institutions from using race in decisions related to admissions, hiring, compensation, housing, financial aid and scholarships, discipline and "all other aspects of student, academic and campus life."
Friction point: The department's interpretation of the SCOTUS ruling could also challenge content taught in classes, along with the functions of student organizations like Black fraternities and sororities, per CNN.
What's next: By the end of the month, the department will "take appropriate measures to assess compliance" with the administration's interpretation of the law.
- Education institutions were instructed to review their policies; cease efforts to circumvent bans of race considerations or its proxies; and end contracts with third parties that consider race.
- The department's order will almost certainly be challenged in court.
Read the full letter:
Go deeper: Trump-voting states have more to lose if Education Department dismantled
