What Parents Need to Know About the Department of Education’s Dear Colleague Letter on Race Discrimination

On February 14, 2025, the U.S. Department of Education issued a “Dear Colleague” Letter clarifying nondiscrimination requirements under the Constitution and federal civil rights laws. In short, schools may lose federal funding if they use race as a factor in any educational or administrative decisions. Here are the key takeaways:

• The Letter builds on the Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard,which held that the use of race in college admissions violates the Equal Protection Clause of the U.S. Constitution and Title VI of the Civil Rights Act of 1964. Educational institutions “may never use race as a stereotype or a negative.”

• Consistent with the Supreme Court’s decision, the Letter confirms that schools may not use race as a factor in decisions pertaining to admissions, academics, financial aid, teacher hiring and promotion, or any other aspect of student life or school administration. “Diversity” is not a justification for discrimination.

• Schools cannot circumvent the ban on discrimination using practices that appear neutral but are motivated by race. A school may not, for example, use a student’s application essay to “guess” his race and give him a leg up in the admissions process. Nor may a school eliminate race-neutral practices (like standardized testing) to achieve racial goals.

• The Letter gives several examples of practices that likely unlawfully discriminate: using race as a factor in admissions or financial aid; hiring teachers or employees based on race; race-specific graduation ceremonies; segregated dorms; teaching students that the United States is “built upon systemic and structural racism”; and so-called “diversity, equity, and inclusion” (DEI) programs that rely on racial stereotypes.

• The Letter applies to all educational institutions that receive financial assistance from the federal government. That includes preschool, elementary, secondary, and postsecondary institutions, as well as educational agencies in state governments.

• The Department will issue more specific antidiscrimination rules soon. For now, schools should (1) review their practices to ensure they do not use race in their decision-making and (2) cease all reliance on third-party contractors and vendors whose products or services discriminate based on race. Schools that fail to comply may be subject to federal investigation and loss of federal funding.

If you believe your child’s school has unlawfully discriminated, you can file a complaint with the Department’s Office of Civil Rights. For more information, including the complaint form, visit the Department’s website.