The U.S. Department of Education has issued new guidance clarifying the implications of the Supreme Court’s ruling in Students for Fair Admissions vs. Harvard.
The aim is to reaffirm schools’ obligations under Title VI of the Civil Rights Act of 1964 to avoid race-based discrimination.
In a February 14 letter to education leaders, the department underscored that Title VI prohibits policies or practices that discriminate based on race, color, or national origin, whether intentionally or through disparate impact. The guidance warns against racial preferences or stereotypes in admissions, scholarships, and other educational opportunities.
Following the letter, on March 1, the Department released a frequently asked questions (FAQ) document to further clarify how educational institutions can comply with the law in light of the Supreme Court’s ruling.
The document addresses concerns about race-conscious programs and how schools can foster diversity while adhering to legal requirements.
“The Dear Colleague Letter is clear: The Trump Department of Education will not allow educational institutions that receive federal funds to discriminate on the basis of race,” said Craig Trainor, Acting Assistant Secretary for Civil Rights. “These FAQs will facilitate compliance with Title VI of the Civil Rights Act of 1964, the Equal Protection Clause, and Students for Fair Admissions vs. Harvard.”
“The Supreme Court’s decision does not alter schools’ ability to ensure equal opportunity and inclusive learning environments,” the guidance states. However, it emphasizes that race-based criteria must not be used in a way that creates barriers to access or disadvantages students of certain racial or ethnic backgrounds.
The FAQ document provides examples of practices that could violate Title VI, such as race-specific scholarships, exclusive mentorship programs based on race, or admissions criteria that implicitly favor certain racial groups.
It also outlines permissible strategies to promote diversity, such as outreach efforts, holistic admissions processes, and consideration of socio-economic factors instead of race.
The Supreme Court’s decision on Students for Fair Admissions, issued in 2023, struck down affirmative action policies in college admissions, ruling that race-conscious admissions programs at Harvard University and the University of North Carolina violated the Equal Protection Clause.
The ruling has prompted widespread policy reviews across higher education and K-12 institutions.
President Donald Trump has intensified efforts to dismantle diversity, equity, and inclusion (DEI) initiatives within the federal government.
On January 20, 2025, Trump signed Executive Order 14151, titled “Ending Radical and Wasteful Government DEI Programs and Preferencing,” which mandates the termination of all DEI-related programs across federal agencies.
This order reflects the administration’s stance that such initiatives constitute “illegal and immoral discrimination programs” and aims to restore merit-based practices in federal operations.
These executive actions signify a substantial policy shift, aiming to reshape hiring and contracting processes within the federal government and its contractors by eliminating DEI considerations.
Critics argue that this move may undermine efforts to promote workplace diversity and address systemic inequities. The long-term impact of these orders on federal employment practices and diversity initiatives remains a subject of active debate.