Department of Education releases FAQs on racial preferencing guidance

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U.S. Department of Education | Official Website

Department of Education releases FAQs on racial preferencing guidance

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The U.S. Department of Education has released a set of Frequently Asked Questions (FAQs) related to its February 14 Dear Colleague Letter (DCL). The letter, issued by the Department’s Office for Civil Rights, instructs educational institutions receiving federal funds to stop using race preferences and stereotypes in various programs and activities, including admissions and hiring.

Craig Trainor, Acting Assistant Secretary for Civil Rights, stated: “The Dear Colleague Letter is clear: The Trump Department of Education will not allow educational institutions that receive federal funds to discriminate on the basis of race.” He added that the FAQs are intended to help ensure compliance with Title VI of the Civil Rights Act of 1964, the Equal Protection Clause, and the ruling in Students for Fair Admissions vs. Harvard.

The FAQs address several key issues such as whether schools can separate students by race or encourage self-separation by race, if Diversity, Equity, and Inclusion (DEI) programs are unlawful under Students for Fair Admissions v. Harvard, whether application essay prompts can include discussions of race, how allegations of covert discrimination will be investigated by OCR, and how OCR will handle schools found non-compliant with Title VI.

This FAQ document is expected to be updated periodically as new questions arise.

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