Education Department letter threatens federal funding of any school that considers race in most aspects of student life

CNN

Aileen Graef and Isabelle D’Antonio

February 17, 2025

The Department of Education sent a “Dear Colleague” letter Friday threatening the federal funding of any academic institution that considers race in most aspects of student life.

The letter — geared toward all preschool, elementary, secondary and postsecondary educational institutions, as well as state educational agencies that receive financial assistance from the federal government — laid out a sweeping and controversial interpretation of federal law following the 2023 Supreme Court decision that gutted affirmative action. It’s almost certain to draw legal challenges.

“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,” wrote Craig Trainor, acting assistant secretary for civil rights for the Education Department.

The Supreme Court’s landmark 6-3 decision in Students for Fair Admissions v. Harvard overturned long-standing precedent that has benefited Black and Latino students in higher education. Donald Trump, at that time the former president, called it a “great day for America.”

Trainor said that although the 2023 decision “addressed admissions decisions, the Supreme Court’s holding applies more broadly. At its core, the test is simple: 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.”

This interpretation could open a wide range of challenges to courses and literature taught in schools, scholarships for non-White students, and various student organizations, including Black fraternities and sororities.

“Race-based decision-making, no matter the form, remains impermissible. For example, a school may not use students’ personal essays, writing samples, participation in extracurriculars, or other cues as a means of determining or predicting a student’s race and favoring or disfavoring such students,” the letter read.

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