Editors note 2/24/25: The penultimate paragraph has been slightly revised to more accurately reflect the letter’s intent regarding DEI policies and the termination of policies that discriminate on the basis of race.
The Office for Civil Rights (OCR) released a letter on Valentine’s Day requiring that all education institutions ensure their compliance with existing civil rights law (Title VI and the Equal Protection Clause) by Friday, February 28.
This letter, referred to as the “Dear Colleague Letter,” was written in response to President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173) which mandates that all federal agencies and executive departments “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.”
The Dear Colleague letter goes beyond citing the law as reason for eliminating discriminatory practices; it calls discrimination of all kinds (overt and covert, direct and indirect) “morally reprehensible” and illegal under Supreme Court precedent. It draws attention to educational institutions’ recent history of indoctrinating “students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices.”
In the wake of Students for Fair Admissions v. Harvard (2023), the Dear Colleague letter reminds us that favoring one race over another in policy or practice, even to reach goals of diversity, is necessarily discriminatory against any races not favored.
As such, the letter advises that all educational institutions meet these three requirements by February 28:
- Ensure that all policies and actions comply with existing civil rights law
- Cease all efforts to circumvent prohibitions on the use of race by relying on proxies
- Cease reliance on third-party contractors, clearinghouses, and aggregators being hired to circumvent prohibitions on the use of race
Institutions that fail to meet these requirements by the deadline may face a loss of federal funding.
Educational institutions should remember that whether a policy, program, or activity is prohibited by Title IV and the Equal Protection Clause depends on whether it is deemed to discriminate on the basis of race. While the letter does not prohibit DEI policies by virtue of being labeled “DEI,” it does require the termination of any policy or program, including any DEI policy or program, that discriminates on the basis of race. School boards should use their discretion and work closely with their attorneys to analyze their current policies and practices.
Additionally, school boards are advised to call an emergency meeting during the week of February 24 to ensure their compliance with these three requirements by February 28. They should work closely with their attorneys and superintendents this week. Superintendents should also conduct a top-to-bottom review of their school districts to ensure that there are no policies or activities that violate current policy and precedent.
If you believe that you have witnessed discrimination in policy or practice in any educational institution, you can fill out this (very) accessible complaint form.