On February 14, 2025, the Acting Assistant Secretary of the Office for Civil Rights, Department of Education released a “Dear Colleague” Letter directed towards preschool, elementary, secondary, and postsecondary educational institutions that receive federal financial assistance from the Department. The Letter seeks to “clarify and reaffirm the nondiscrimination obligations” of schools, and it corresponds with President Trump’s Executive Orders targeting diversity, equity, inclusion, and accessibility (“DEI” or “DEIA”) programs.
The Letter states that educational institutions and others are “smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline” by way of DEI programs. And it argues that DEI programs “frequently preference certain racial groups” and “stigmatize students who belong to particular racial groups.”
The Department asserts that it will “take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in this letter” within 14 days, by Friday, February 28, 2025. The Letter also encourages anyone who believes a school committed unlawful discrimination to submit a complaint to the Office for Civil Rights.
This Letter follows on recent executive orders, including EO 14173 and EO 14190, that threaten educational institutions with harsh penalties, including a loss of federal funds, should they continue to employ what President Trump’s EOs describe as “illegal DEI or DEIA” programs, “discriminatory equity ideology,” or “gender ideology.”
However, neither the Letter nor the EOs clearly define “DEI” or “illegal DEI,” and a number of President Trump’s EOs, including several related to DEI, gender, and federal funding, are facing challenges in court on constitutional and statutory grounds. Some EOs have already been temporarily blocked, and lawsuits will no doubt continue to be filed in the coming days and weeks.
The Department states that its Letter is based on the existing legal requirements under federal civil rights laws and the Constitution. But the ways in which the Trump administration is interpreting federal antidiscrimination laws appear to represent a significant shift. The Department’s apparent intended enforcement of federal law as broadly prohibiting any and all “DEI” programs would be a dramatic departure from prior understanding.
Given these significant and urgent developments, it is imperative for schools to examine their DEI policies and programs, conduct a risk assessment, monitor ongoing legal challenges, and work with counsel to develop a plan.
For Further Information: Please feel free to reach out to Eric Johnson, Russell Rendall, or any of the attorneys in Weston Hurd’s Education Law Group to discuss further. We would be happy to assist your administrative teams in navigating these complex challenges.
