The U.S. Education Department’s Office for Civil Rights issued a Dear Colleague letter on February 14 outlining its interpretation of the legal obligations of educational institutions since the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. The broad interpretation states that, “[p]ut simply, educational institutions may neither separate nor segregate students based on race, nor distribute benefits or burdens based on race.” It specifically outlines efforts in diversity, equity and inclusion (DEI) practices and programs as unlawfully “motivated by racial considerations.”
The letter indicates a broad range of programs well beyond admissions and notes that guidance is forthcoming but that the department will begin to assess compliance by February 28. While we await the guidance, the letter serves as notification to institutions of this broadened scope, which indicates what will likely be assessed for compliance.
AACC will hold a webinar on Monday, February 24 at 1:30 pm ET to discuss the Dear Colleague letter. Register here.
What does it mean for community colleges?
It is important to remember that while the letter itself does not have the force of law, it represents the Trump administration’s position that Title VI’s prohibition of discrimination will be applied as a method to restrict diversity, equity and inclusion programs at colleges receiving federal funds. It is a first look at the administration’s interpretation of Title VI and how it may be enforced going forward. Of note is the letter’s specific call out of “everyday training, programming, and discipline,” utilizing DEI to advance stereotypes.
What now?
While we await guidance, it is a good time for you to connect with your legal team to determine the best course of action for your college. At a minimum, I recommend that you are prepared to assess your own policies, procedures, and contracts using the lens of this new interpretation.
- Familiarize yourself with the Title VI language and the SFFA decision documentation.
- Conduct a policy review to ensure compliance with existing civil rights law.
- Identify programs that may be impacted or identified as proxies or indirect means to accomplish illegal DEI efforts.
- Review contracts with third parties, clearinghouses or aggregators that may be seen as a way to circumvent the prohibited use of race.
- Assess the impact of compliance in obtaining certifications from all vendors indicating they do not engage in illegal DEI.
What’s next?
The American Association of Community Colleges is working to ensure that we have the latest accurate information. As you all have seen, this has not been a traditional transition, and many announcements are often rescinded or halted before we can complete an analysis specific to community colleges. That said, I assure you that we are working with our colleagues across The Six, as well as legal experts, to gain understanding as quickly as we can to provide you with the information you need.
