The U.S. Department of Education, under the Trump administration, has deemed race-based decisions in education, such as hiring, admissions, and scholarships, as illegal. Institutions failing to adhere to the department’s anti-discrimination requirements risk losing federal funding. Acting assistant secretary for Civil Rights, Craig Trainor, emphasized the department’s stance against racial discrimination in education. He stressed the importance of following the law and provided a legal test to determine when discrimination based on race occurs. Additional guidance on enforcement and compliance measures is expected.
According to Trainor’s recent Dear Colleague letter, educational entities are prohibited from using race in various decisions, including admissions, hiring, financial aid, and campus activities. The department will enforce these laws across all educational institutions that receive federal assistance.
In light of a recent Supreme Court ruling regarding racial preferences in college admissions, Trainor highlighted the unlawfulness of such practices and the need for compliance with Title VI regulations. The department is set to evaluate institutions’ adherence to anti-discrimination laws, starting by the end of the month.
Trainor criticized the prevalent use of discriminatory practices under the guise of diversity, equity, and inclusion in educational settings. He vowed to combat racial discrimination and ensure equal treatment for all students. The department’s focus is on upholding the law and preventing discrimination based on race in educational institutions across the nation.
Tyler Trainor stated that affirmative action, racial balancing, social justice, or equity is prohibited by existing Supreme Court rulings. Adam Kissel, a visiting fellow in higher education at The Heritage Foundation, expressed to The Center Square that the era of Diversity, Equity, and Inclusion (DEI) in education has come to an end. Kissel emphasized that the Supreme Court has unequivocally stated that racial discrimination in higher education is against the law. He also pointed out that the U.S. Department of Education has made it clear that any attempts to circumvent this prohibition, through seemingly neutral programs that result in racially biased outcomes, are in violation of Title VI of the Civil Rights Act of 1964. Kissel further suggested that the department should promptly issue guidance highlighting that certain aspects of its longstanding Title VI regulations are no longer valid. According to Kissel, the department’s previous civil rights regulations have endorsed discriminatory affirmative action preferences and practices that are now deemed impermissible.
