More advisories issued on DEI by federal and state authorities


On Board Online • March 17, 2025

By Eric D. Randall
Editor-in-Chief

What does a U.S. Supreme Court decision on college admissions imply about the legality of programs and initiatives in public K-12 schools to promote accessibility and diversity, equity and inclusion (DEI)? A growing number of advisories from federal and state authorities provide differing views on the subject.

In 2023, the U.S. Supreme Court ruled in Students for Fair Admissions Inc. v. President and Fellows of Harvard Coll. (SFFA) that colleges and universities cannot consider an applicant's race as a "plus" factor when evaluating admission evaluations. SFFA applies to the use of race in decisions made in K-12 public education, according to a Feb. 28 FAQ (frequently asked questions) document issued by the U.S. Department of Education (USDOE).

The FAQ expanded on what USDOE stated in a Feb. 14 "Dear Colleague" letter on the same subject. In answer to the question, "Are Diversity, Equity, and Inclusion (DEI) programs unlawful under SFFA?" the FAQ states, in part: "Whether a policy or program violates Title VI does not depend on the use of specific terminology such as 'diversity,' 'equity,' or 'inclusion.'"

According to DOE: "Schools may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races."

However, on March 5, New York Attorney General Letitia James and the attorneys general of 13 other states and the District of Columbia issued a "Joint Guidance" to "clarif[y] the legal landscape for . schools operating in [their] states as they work to advance educational goals and access to educational opportunities." The guidance states:

  • The decision in SFFA does not prohibit the use of race-neutral policies to increase racial or other forms of diversity.
  • Schools can lawfully promote diversity, equity, inclusion and accessibility if their policies and programs offer "all" students an equal opportunity to learn and prepare for work and participation in our democracy.

The joint guidance also warned that "fear of the Dear Colleague letter or the loss of federal funding is not a justification to impose or reimpose discriminatory practices." The guidance noted that New York and other states have civil rights protections "which in many cases exceed federal ... protections."

Read the federal document at bit.ly/4brHuK7 . Read the joint guidance from the attorneys general at on.ny.gov/3XsjoJD .




Back to top