Department of Education Letter Causes Uncertainty Over DEI Programs

The Department of Education’s new directive may affect the services of the Multicultural Center. Photo by Grant Jones

The Department of Education released a letter on Friday, Feb.14, arguing for the dismantling of DEI-related programs and threatening to pull federal funding for institutions who do not comply.     

The letter, written by Acting Assistant Secretary for Civil Rights Craig Trainor, argues that racial discrimination has been prevalent throughout America’s education system, from preschool to the university level. It specifically cites discrimination against white and Asian students from “disadvantaged backgrounds.”

“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices,” writes Trainor. “Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of ‘diversity, equity, and inclusion’ (‘DEI’), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming and discipline.”

The new communication uses the 2023 Supreme Court ruling Students for Fair Admissions v Harvard (SFFA) as a foundation for the department’s new directive. That 6-2 ruling, which states that the use of racial indicators in admissions is unconstitutional under the Equal Protection Clause, ended affirmative action in college admissions. It was a controversial victory for conservative education advocates, who have been rallying against affirmative action for years. 

“For the reasons provided above, the Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause,” Chief Justice Roberts wrote for the majority. “Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful endpoints. We have never permitted admissions programs to work in that way, and we will not do so today.”

However, the Department of Education goes beyond the scope of the SFFA ruling in stating that the standard applies to all facets of educational institutions.

“Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life,” the letter states.

It calls on the nation’s education institutions to “take appropriate measures” to comply with the department’s interpretation of federal law. The department gives institutions until Feb. 28 to comply or risk losing federal funding. 

Importantly, the letter itself does not have the weight of law.  

On Feb. 3, University of Minnesota’s President Rebecca Cunnigham addressed the threats to the DEI programs by sending out a mass email recognizing the concerns that students and faculty may have by stating:   

“To further clarify, we have not rolled back diversity, equity and inclusion at the University of Minnesota, and we are not making any preemptive changes to our existing programs.” 

UMD student groups in the Multicultural Center held an emergency meeting Tuesday to discuss the latest development and answer questions student leaders had. At this time, the direction of those groups in relation to the new directive is unclear. 

The Bark contacted Susana Pelayo-Woodward, the director of the Office of Diversity & Inclusion, for comment. She referred The Bark to UMDPR, which in turn referred to the university’s DEI brief page.