The U.S. Department of Education has modified its previous directives on race in hiring, scholarships, student programs, and other educational policies.
Since coming into power, the new administration has focused on enforcing conservative legal principles in education, particularly regarding race and gender policies. In a “Dear Colleague” letter sent two weeks ago, the Education Department’s Office for Civil Rights cautioned that considering race in hiring, discipline, scholarships, or other areas could jeopardize federal funding.
In response to confusion and concern from educators and legal experts, the department posted a Q&A document on its website late Friday, moderating its stance and aligning more closely with established legal precedent.
The initial guidance threatened federal funding cuts for institutions using diversity, equity, and inclusion initiatives and suggested teaching about racism in American history—such as slavery, segregation, or the internment of Japanese Americans—could be unlawful. The new guidance shows greater flexibility regarding long-standing efforts to support diverse student populations. Notably, it clarifies that cultural celebrations, such as Black History Month events, are permissible as long as they are open to all students.
The document reaffirms that the federal government cannot dictate school curricula, specifying that educators are not restricted from teaching about systemic racism and other critical historical topics, provided instruction does not target or shame students based on race.
The department has also revised its approach to evaluating race-neutral policies, such as eliminating standardized test requirements to increase diversity. Initially, officials suggested such policies could be unlawful, but the guidance now clarifies they are only problematic if implemented with discriminatory intent.
The updated document indicates that enforcement will be more measured and follow established legal frameworks, though some concerns remain.
Craig Trainor, Acting Assistant Secretary for Civil Rights, said in a statement on the website, “These FAQs will facilitate compliance with Title VI of the Civil Rights Act of 1964, the Equal Protection Clause, and Students for Fair Admissions vs. Harvard.”
While the broader debate over race-conscious policies in education continues, the revised guidance signals a more pragmatic approach for schools to maintain inclusive practices while complying with the law.
