Diversity, Equity, Inclusion and Accessibility (DEIA) Guidance in Education

March 19, 2025
• Posted in

Statements from Attorney General Dan Rayfield

DIVERSITY INITIATIVES

A Guide to Understanding Recent Changes in Education Policy and Diversity Initiatives

In light of recent developments, including Executive Orders, a U.S. Department of Education “Dear Colleague” letter (DCL), and a Supreme Court decision, there has been significant discussion about diversity, equity, inclusion, and accessibility (DEIA) in educational institutions. This guide aims to clarify the legal landscape and provide actionable steps for schools and colleges to continue fostering inclusive environments while complying with the law.

KEY BACKGROUND INFORMATION

  1. United States Supreme Court Decision (June 2023)

    In Students for Fair Admissions, Inc. v. Harvard (SFFA), the Supreme Court ruled that race-conscious admissions policies at Harvard and the University of North Carolina violated Title VI of the Civil Rights Act and the Equal Protection Clause. However, the Court clarified that schools can still consider how race has impacted an individual student’s life, if the focus is on the student’s unique experiences and contributions. Read the full SFFA decision Students for Fair Admissions.

  2. “Dear Colleague” Letter (February 14, 2025):

    On February 14, 2025, the U.S. Department of Education’s Office of Civil Rights issued guidance on DEI policies and programs in schools in the form of a Dear Colleague Letter. The Letter emphasized compliance with federal civil rights laws, and that some DEI efforts might be unlawful. The Letter created confusion. However, the Letter does not change existing law and cannot override Supreme Court precedent. Read the “Dear Colleague” Letter here: Dear Colleague Letter February 14, 2025.

  3. Frequently Asked Questions (FAQ) Document (February 28, 2025):

    The US Department of Education released an FAQ to clarify its stance on racial preferences and stereotypes under Title VI. Like the “Dear Colleague” letter, this document does not have the force of law and cannot alter legal standards. Review the FAQs.

  4. Executive Orders (January 2025):

    Several Executive Orders were issued that purport to address discrimination and DEI programs. However, these orders cannot change longstanding legal precedent, and key parts have already been challenged in court. Read the Executive Orders here:
    Ending Illegal Discrimination and Restoring Merit-Based Opportunity
    Ending Radical and Wasteful Government DEI Programs and Preferencing
    Defending Women From Gender Ideology Extremism and Restoring Biological Truth

What Does This Mean for Schools and Colleges?

Educational institutions can and should continue to promote diversity, equity, inclusion, and accessibility. The SFFA decision and subsequent guidance do not prohibit schools from implementing lawful DEI initiatives.

Below are key takeaways and actionable steps for institutions:

For K-12 School

  1. College and Career Readiness
    • Schools should continue to provide all students with access to rigorous coursework, college counseling, and enrichment opportunities.
    • Programs like Early College, Advanced Placement (AP), and dual enrollment can help prepare students for post-secondary education.
    • Targeted outreach to underserved communities is permissible to ensure equitable access to these opportunities.
  2. Safe and Supportive Environments
    • Schools must maintain inclusive and supportive environments where all students feel safe and respected.
    • Anti-bullying and anti-harassment policies should be enforced, and staff should receive training on implementing these policies effectively.
    • Curriculum should promote inclusivity and avoid perpetuating stereotypes.
  3. Partnerships with Higher Education
    • K-12 schools can collaborate with colleges and universities to offer mentoring, campus visits, and academic preview days.

For Institutions of Higher Education

  1. Admissions Policies
    What’s Allowed under current law:
    • Schools can consider how race has shaped an applicant’s life experiences, such as overcoming discrimination or drawing inspiration from their cultural background.
    • Holistic admissions processes that consider factors like socioeconomic status, first-generation college status, and geographic background are still permissible.
    • Race-neutral policies aimed at increasing diversity (e.g., considering zip codes or socioeconomic factors) are lawful and encouraged.
    What’s Not Allowed under current law:
    • Using race as a standalone “plus” factor in admissions decisions is prohibited.
    • Schools cannot give preferential treatment to applicants solely based on their race.
  2. Data Collection
    • Schools may continue to collect demographic data on race and ethnicity for research and evaluation purposes. However, this data cannot be used to advantage or disadvantage individual applicants based on race. This demographic data would be subject to potential public disclosure or disclosure to the federal government.
  3. Recruitment and Outreach
    • Institutions can target outreach to underrepresented groups through partnerships with community organizations, hosting campus events, and offering informational programs.
    • Recruitment efforts must be open to all students, regardless of race, and should focus on factors like academic interests, geographic location, and socioeconomic status.
  4. Institutional Mission
    • Schools can still include diversity and equity as part of their mission statements and work toward equitable outcomes for students.
    • Programs that support student persistence, graduation, and success remain lawful.

Common Misconceptions

Myth: DEI programs are now illegal.
Fact: DEI programs that comply with federal and state laws are still lawful and encouraged. The SFFA decision only limits the use of race in specific admissions practices.

Myth: Schools can no longer consider race in any way.
Fact: Schools can consider how race has impacted an individual student’s life, if the focus is on the student’s unique experiences and contributions.

Myth: The “Dear Colleague” letter and FAQ change the law.
Fact: These documents do not have the force of law and cannot override Supreme Court precedent or existing civil rights laws.

What Can Schools Do Moving Forward?

  1. Review and Revise Policies:
    Audit admissions practices, recruitment strategies, and DEI programs to ensure compliance with the SFFA decision and other legal standards.
  2. Focus on Holistic Approaches:
    Emphasize race-neutral factors like socioeconomic status, geographic background, and personal experiences in admissions and programming.
  3. Strengthen Partnerships:
    Collaborate with community organizations, high schools, and other stakeholders to promote access and equity.
  4. Provide Training:
    Train staff and faculty on anti-discrimination laws, inclusive practices, and the legal boundaries of DEI initiatives.
  5. Advocate for Equity:
    Continue to advocate for policies and practices that promote diversity, equity, and inclusion, while staying within legal guidelines.

Additional Resources

Legal Scholars’ Response to the Dear Colleague Letter: University Response
Oregon Education Association: Protect Public Schools & Students
Oregon School Board Association: OSBA monitoring federal actions – osba.org

Conclusion

The recent Supreme Court decision and federal guidance have created some uncertainty, but they do not prohibit schools from pursuing diversity and equity goals. By focusing on holistic, race-neutral approaches and ensuring compliance with the law, educational institutions can continue to foster inclusive environments that benefit all students.

This guide is intended for general informational purposes, is not exhaustive, and does not constitute legal advice. Schools and colleges should consult their general counsel to address specific concerns.