The U.S. Department of Education has issued a warning to state education departments, stating that public schools must eliminate diversity, equity, and inclusion (DEI) policies or risk losing federal funding. The department’s Office for Civil Rights sent a letter to all 50 states, giving them 14 days to comply with federal civil rights laws.
Key Points from the Department of Education's Letter
Compliance Deadline: The letter gives state education departments a strict 14-day deadline to ensure their policies comply with federal civil rights law.
Potential Loss of Funding: Schools that do not remove DEI policies may face the loss of federal funding, as stated in the letter by Craig Trainor, acting assistant secretary for civil rights at the Department of Education.
Criticism of DEI Policies: The letter criticizes racial discrimination in schools, both overt and covert, and argues that the Supreme Court ruling in Students for Fair Admissions v. Harvard should apply to all educational institutions. The ruling found that affirmative action in Harvard's admissions process violated the equal protection clause of the Fourteenth Amendment.
Clear Stance on Race-Based Policies: The letter asserts that treating students differently based on race for goals like diversity or social justice is illegal under the current Supreme Court precedent.
Action Plan and Enforcement
No Use of Race in Policies: The Department of Education urges state education agencies to stop relying on race-based actions or proxies to achieve diversity, equity, or similar goals.
Third-Party Contractors: Schools are instructed to end any use of third-party contractors or aggregators that might be used to bypass the ban on race-based practices.
Strict Enforcement: The department promises to enforce the law across all levels of education, including preschool, K-12, and postsecondary institutions.
Background on Executive Orders and DEI Pushback
This move comes in the wake of executive orders signed by former President Donald Trump, which directed federal agencies to eliminate programs related to gender ideology and DEI from K-12 schools and federal agencies. The Department of Education had already removed DEI references from its documents and websites, placed DEI leaders on leave, and dissolved its Diversity & Inclusion Council.
What’s Next?
The Department of Education has emphasized that schools must act quickly to avoid any disruption to their federal funding. State education departments are expected to take immediate action to remove any DEI policies that could potentially violate the law.
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