The Department of Education (ED) emailed a “Dear Colleague” letter to all K-12 and post-secondary schools nationwide Feb 14. The letter, which is an official policy communication, claimed diversity, equity and inclusion (DEI) programs in American schools “have discriminated against students on the basis of race,” as stated in the letter, “but under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.”
DEI programs are not solely focused on race equality, but also include veterans and people who are disabled.
The letter advised educational institutions to eliminate DEI programs as they are deemed to be a banner for discrimination. Institutions were given 14 days from the letter’s date to assess and adjust as needed. If not done, the letter warned that “the department intends to take appropriate measures to assess compliance,” implying schools will have violated Title VI, which puts institutions at risk of losing federal funding.
Administrators received an email with a list of potential at-risk federally funded programs from Interim Vice President for Academic Affairs, Agustin Albarran. The email was forwarded on to all chairs and coordinators on campus.
The categories contain veteran and vocational technical funding allocation, as well as financial aid, including work study and funding for low-income, first-generation and foster youth students, and child care. Albarran attached his notes from the webinar “dotEDU Live: The Future of Campus Diversity and Student Support,” where “Dear Colleague” letter was discussed. The notes clarified it is not a law, but a guidance document, noting it “does not carry the same weight as formal regulation.”
While the letter lacked clarity and left many with questions, institutions were unsure of expectations. The president of the American Council of Education (ACE) and guest of the webinar, Ted Mitchell, suggested the ambiguity was intentional, according to Albarran’s notes.
Two weeks days have passed since the letter was received, and the Grossmont-Cuyamaca Community College District has addressed its approach and published it on the website under Diversity and Equity: “Our approach to fostering diversity is based on legally sound principles that promote access, remove barriers, and provide support to all students and employees—without engaging in unlawful race-based decision-making.”
The district said it remains dedicated to its principles to ensure compliance with federal civil rights laws, provide programs and initiatives that support students and employees and promote diversity “through race-neutral, inclusive strategies.”
Daneyra Ramirez contributed to this story.