The second Trump admin is not playing around. They mean only business.
That’s why Donald Trump’s administration dropped a bomb on Washington, D.C. with this groundbreaking new rule.
U.S. Department of Education Takes Strong Stance Against Race-Based Decisions in Education
The U.S. Department of Education, under the Trump administration, has taken a firm position on race-based decisions in education, asserting that practices such as race-based hiring, admissions, and scholarships are unlawful. The department’s new directive outlines that any educational institution failing to comply with its anti-discrimination requirements could face the loss of federal funding.
Craig Trainor, the acting assistant secretary for Civil Rights at the Department of Education, emphasized the department’s commitment to ensuring equality in educational settings. “The Department of Education will no longer allow education entities to discriminate on the basis of race,” Trainor said in an interview with The Center Square.
According to Trainor, the rules are straightforward, urging schools to follow a specific legal framework. “This isn’t complicated,” he stated. “When in doubt, every school should consult the SFFA legal test contained in the [Dear Colleague letter]: ‘If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law.’” He further assured that “additional guidance on implementation is forthcoming,” indicating that further clarification will be provided to help institutions align with the new policies.
The department’s position is detailed in the Dear Colleague letter, which emphasizes that federal law prohibits the use of race in any educational decision-making process, including admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, and other aspects of academic and campus life. The letter stresses that this applies to all educational institutions, from preschool through postsecondary education, as well as state educational agencies that receive federal funding.
NEW: The U.S. Department of Education just notified the education departments in all 50 states that they have 14 days to remove ALL DEI programming from ALL public schools, warning that institutions that fail to comply face losing federal funding. pic.twitter.com/ZoY2cjRG3B
— America First Legal (@America1stLegal) February 16, 2025
In line with this policy, Trainor made it clear that the department would enforce the law strictly, highlighting its commitment to ensuring equality across educational settings. “The Department will vigorously enforce the law on equal terms as to all preschool, elementary, secondary, and postsecondary educational institutions, as well as state educational agencies, that receive financial assistance,” he wrote in the letter.
Trainor also reinforced the importance of compliance with the department’s requirements, noting that schools have until the end of the month to begin following the guidelines set forth in the letter. “The Department intends to take appropriate measures to assess compliance with the applicable statutes and regulations based on the understanding embodied in this letter beginning no later than [Feb. 28], including antidiscrimination requirements that are a condition of receiving federal funding,” Trainor stated.
The letter also references the 2023 Supreme Court decision in Students for Fair Admissions v. Harvard (SFFA), which ruled that the use of racial preferences in college admissions is unlawful. Trainor highlighted that the ruling’s impact extends beyond admissions, also laying down the framework for evaluating the use of race by state actors and institutions covered by Title VI of the Civil Rights Act of 1964. This law, which prohibits racial discrimination in federally funded programs, has been a cornerstone of the U.S. commitment to equality since its passage.
While the SFFA case focused primarily on admissions, Trainor clarified that the Supreme Court’s ruling has wider implications. “Although SFFA addressed admissions decisions, the Supreme Court’s holding applies more broadly,” he explained.
In his letter, Trainor also criticized what he described as the harmful indoctrination of students in educational institutions, accusing them of promoting the false narrative of “systemic and structural racism.” He pointed out that some institutions have justified race-based practices, particularly over the last four years, under the guise of “diversity, equity, and inclusion” (DEI).
“The Department will no longer tolerate the overt and covert racial discrimination that has become widespread in this Nation’s educational institutions,” Trainor declared, signaling an end to what he described as discriminatory practices justified by DEI initiatives. He also made it clear that “the law is clear: treating students differently on the basis of race to achieve nebulous goals such as diversity, racial balancing, social justice, or equity is illegal under controlling Supreme Court precedent.”
Adam Kissel, a visiting fellow in higher education at The Heritage Foundation, echoed Trainor’s sentiments, stating that “the DEI party in education is over.” He praised the Supreme Court for its clear stance on racial discrimination in higher education and commended the Department of Education for taking swift action to ensure that educational institutions comply with the law.
“The Supreme Court was quite clear that racial discrimination in higher education is illegal,” Kissel noted. He also pointed out that the department’s recent guidance makes it clear that workarounds, such as facially neutral programs designed to achieve racially disparate outcomes, are in violation of Title VI of the Civil Rights Act.
Kissel also urged the department to quickly issue additional guidance, recommending that the department update its legacy Title VI regulations, which he argued have long tolerated discriminatory “affirmative action” preferences and practices. “The department’s legacy civil rights regulations are built on toleration of discriminatory ‘affirmative action’ preferences and practices that are no longer allowed,” Kissel said.
"The Department of Education was set up in 1980 — and since that time, we have spent almost almost a trillion dollars and we have watched our performance scores continue to go down," says Education Secretary-designate Linda McMahon.
"It's not working." pic.twitter.com/tHFax8fc8a
— Rapid Response 47 (@RapidResponse47) February 13, 2025
Stay tuned to the DC Daily Journal.
