The U.S. Department of Education (“Department”) sent out a “Dear Colleague” letter (“Letter”) on February 14, 2025, detailing the federal government’s order for schools to “cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond.”[1] The Letter goes on to talk more specifically about ending the use of Diversity, Equity, and Inclusion (DEI) in educational institutions.
In referencing the Letter, the Department stated that schools (preschool, elementary, secondary and postsecondary education institutions receiving federal funds from the Department) have until February 28, 2025, to comply. Any schools found out of compliance face an investigation and potential loss of federal funding.
To ensure compliance, the letter advises that all educational institutions should:
- “[E]nsure that their policies and actions comply with existing civil rights law;
- cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and
- 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.”
In determining what is a discriminatory practice, the Department states that the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA) provides a framework for evaluation. The Court in SFFA found the use of racial preferences in college admissions is generally unlawful, and provided that any use of “race” would only be lawful if narrowly tailored or necessary to achieve a compelling state interest (e.g. strict scrutiny test). . The Department clearly stated that racial balancing and diversity are not compelling state interests.
The Department states that it intends to use a simplified version of the test: “If 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.” The Department states that further legal guidance will follow.
How this affects your District:
At this time, for public school districts in Ohio it is unclear how this Letter will impact the day-to-day operations within your school district. For instance, there are typically no considerations for admissions or enrollment relating to race. Race as a factor for consideration is specifically carved out of being considered for open enrollment applications. The Department does specifically mention DEI programs as being “insidious” and “deny[ing] students the ability to participate fully in the life of a school.” Therefore, if your school district has a DEI program (undefined in the Letter), you could be at risk of losing federal funding should the program be investigated and allowed to continue.
For inquiries specific to your school district, and situations you want to review as it relates to this Letter, please contact any of the attorneys at Ennis Britton if you have questions or concerns regarding the Department of Education’s letter and your compliance.
[1] Press Release-U.S. Department of Education Instructs Educational Institutions Receiving Federal Funds to End Racial Preferences, U.S. Department of Education, February 15, 2025. https://www.ed.gov/about/news/press-release/us-department-of-education-directs-schools-end-racial-preferences