Alert

Trump on Education: DOE Targets DEI, Threatens Federal Funding

February 19, 2025

On February 14, 2024, the Office for Civil Rights (OCR) within the Department of Education (DOE) issued a “Dear Colleague” letter threatening the federal funding of any academic institution that considers race in any manner of operation.

Authored by Acting Assistant Secretary for the OCR Craig Trainor, the letter significantly expanded the DOE’s interpretation of the Supreme Court’s decision in Students for Fair Admissions v. Harvard, which struck down race-conscious admissions practices, to broadly prohibit all educational institutions that receive federal financial assistance from “using 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.”

The letter is directed at all preschool, elementary, secondary, and postsecondary educational institutions, as well as state educational agencies that receive federal financial assistance. It explicitly warns that:

“[i]f 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.” Additionally, it emphasizes that “[r]ace-based decision-making, no matter the form, remains impermissible.”

As an example, the letter states that schools cannot use students’ personal essays, writing samples, participation in extracurricular activities, or other indirect cues to determine or predict a student’s race and then use that information to advantage or disadvantage them in any way.

The letter is part of a broader effort by the new administration to reshape educational policies, following a series of actions that include an executive order titled Ending Radical Indoctrination in K-12 Schooling. That order specifically targeted instructional practices in K-12 schools, with the administration asserting that students are being “compelled” to adopt identities as either victims or oppressors based on skin color, question their gender identity, and embrace what it describes as a “discriminatory equity ideology.”

The letter signals a broader effort to eliminate diversity, equity, and inclusion (DEI) programs in education. It criticizes DEI initiatives for allegedly favoring certain racial groups and promoting the idea that some racial groups bear unique moral burdens. According to the letter,

“[t]he Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions. 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.”

The positions expressed in the letter could potentially have far-reaching implications for education. It raises the possibility of challenges to a broad range of academic and institutional practices, including courses and literature addressing race, scholarships designated for non-white students, grants and specialized programs supporting underrepresented students, and even student organizations such as Black Greek-letter organizations and student unions. These potential consequences underscore the letter’s significant impact on educational institutions and their DEI efforts.

Beyond these broader implications, the letter also sets forth immediate enforcement actions. Trainor stated that OCR will “take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in this letter” no later than February 28. Enforcement action consistent with the interpretation of Title VI detailed in the DCL will begin “no later than 14 days” from the release date, or on or about March 1, 2025. The letter closed by advising institutions to do the following:

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.

Institutions that are found to be in violation risk potential loss of federal funding.

The “Dear Colleague” letter continues the Trump administration’s broader agenda to reshape education policy through executive orders and agency guidance. Previously, we discussed an order prohibiting transgender women from competing in women’s sports, which ignited a nationwide debate on gender identity and athletics. The latest order and letter reinforce the administration’s intensified stance against what it describes as “radical indoctrination” in schools.

While these policies are expected to face legal challenges, educational institutions should closely monitor developments, review existing policies, and ensure compliance to mitigate potential risks to federal funding. McGlinchey’s Education team is monitoring this activity and stands ready to provide guidance and support as institutions navigate these developments.