Education Department clarifies DEI guidance

Politico

03-03-2025

Presented by the Coalition to Empower Our Future
With help from Rebecca Carballo and Erin Schumaker
HEDGING A BIT — The Education Department late Friday unveiled a new document that appears to soften the agency's stance on programs it could deem illegal after firing off a letter two weeks ago that threatened to pull federal funding from schools with diversity, equity and inclusion initiatives.
— The Education Department's Office for Civil Rights Dear Colleague letter told Pre-K to higher education leaders it was illegal to consider race in all aspects of student, academic and campus life. The letter also gave them just two weeks to examine their programs that could face scrutiny. The agency also launched an 'End DEI' hotline last week to encourage the public to report school programs they believe are discriminatory.
— Friday's question-and-answer document seems to be a little less sweeping than the initial guidance. The department acknowledged that is cannot control the content of school curricula and the agency said the letter does not direct schools to restrict any First Amendment rights.
— Department officials said schools with programs 'focused on interests in particular cultures, heritages, and areas of the world' are not illegal if they are open to all students regardless of race. This includes celebrations like Black History Month, International Holocaust Remembrance Day or similar events, the agency said, 'so long as they do not engage in racial exclusion or discrimination.'
— But schools cannot have affinity graduation ceremonies, administer or advertise scholarships and other opportunities offered by third parties based on race, or craft admissions essay prompts to require applicants to disclose their race.
— The agency also said whether a school policy or program violates the law 'does not depend on the use of specific terminology such as 'diversity,' 'equity' or 'inclusion.'' Several school districts and colleges have been moving to remove the terms from their policies or scrubbing their websites. But the Education Department also said some schools have 'sought to veil discriminatory policies with terms like 'social-emotional learning' or 'culturally responsive.''
The Education Department said it would continue to update its document.
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Congress
BIG VOTE AHEAD — Senators are poised to vote today on whether to confirm Linda McMahon to be President Donald Trump's Education secretary. She cleared a key procedural vote last week that advanced her nomination without the support of any Democrats.
— McMahon will likely be confirmed by another party-line vote. But many are bracing for what will come after the vote. The fierce Trump loyalist has promised to carry out the president's agenda, including his request that she put herself out of a job by shutting down the Education Department. The Trump administration has also been working on finalizing plans to dismantle the agency through an executive order.
— While Trump has been vocal about closing the department and his executive order plans have been widely reported on, many believe the administration has been waiting for McMahon to be confirmed before unveiling it. There were concerns that the order could have put McMahon in a difficult position to answer questions about the president's agenda.
— The order is expected to lay out a two-part strategy for shuttering the agency. It would direct the department to craft a plan to wind down its functions using its existing administrative authority and then examine the set of laws needed to delegate the department's powers to other agencies. Then the agency would close.
— But Trump and McMahon need congressional buy-in to shutter the department and reshuffle its core functions. McMahon, during her confirmation hearing with the Senate HELP Committee last month, said Congress would be involved in decisions about the Education Department's future.
ALSO: Senate Majority Leader John Thune filed cloture on S. 9, the 'Protection of Women and Girls in Sports Act,' teeing up an initial floor vote as soon as today. The bill seeks to restrict transgender athletes from competing on women's and girls' sports teams. In January, House lawmakers passed a similar measure, H.R. 28, with some Democrats joining Republicans in the vote.
Higher Ed
A LONG NIH FUNDING BATTLE AHEAD — A federal court has temporarily blocked the across-the-board cut Trump wants to make to how the National Institutes of Health pays for universities' 'indirect costs,' such as facilities and administration. But even if the courts reject the plan, Trump could turn to Plan B — renegotiating the payments one university at a time, POLITICO'S Erin Schumaker reports.
— That would seemingly make institutions that command the highest amounts most vulnerable. At stake is $4 billion, a shortfall the universities say would devastate the nation's scientific enterprise. The indirect funding, which is added to health research grants to help universities and other grantees cover their overhead, adds an average 27 percent to the cost of a grant, but varies widely. In early February, the NIH announced it would cap fees for new and existing grants at 15 percent.
— Top research universities like Harvard, Yale and Johns Hopkins command some of the highest indirect cost rates, in part because they have specialized and state-of-the-art equipment, which is expensive. But a reduction in reimbursements will hit research universities in rural red states and urban blue ones alike. Less well-funded universities could feel the sting more than wealthy ones, even if their rates aren't slashed as much.
Teacher Unions
AFT's DAY OF ACTION — American Federation of Teachers President Randi Weingarten along with educators, students and activists across the country will hold a press conference Tuesday to kick off more than 100 'Protect Our Kids Day of Action' events. The group is rallying against the Trump administration's efforts to wind down the Education Department, which they say could especially hurt low-income children, kids with disabilities and first-generation college students.
In the Courts
TITLE IX RULE FIGHT CONTINUES — The Victim Rights Law Center and 'Jane Doe,' a college student who has an ongoing Title IX investigation, are seeking to intervene in a case that blocked the Biden administration's 2024 rule on Title IX, the federal education law that bars sex-based discrimination. Their goal is to appeal the case, at least narrow the scope of the ruling and uphold the parts of the Biden administration's rule that oversaw sexual misconduct procedures.
— In January, a federal judge in Kentucky vacated the Biden administration's rule nationwide. Since then, the Trump administration has already advised schools the Education Department will return to enforcing Title IX on the basis of biological sex.
—The agency also said it will enforce the 2020 regulation from the first Trump administration that overhauled how schools handle sexual misconduct allegations, offered new rights to those accused of misconduct and required colleges to respond to formal complaints with courtroom-like hearings.
— 'Reversion to the 2020 Rule once again removes protections against sex-based harassment and imposes disproportionate burdens on survivors,' lawyers wrote in the motion to intervene in the case. 'It reduces schools' responsibility to respond to sex-based harassment—in some cases requiring schools not to respond at all.'
DOGE WATCH
$25K TO GO AWAY — The Education Department is offering a buyout of up to $25,000 to most of its employees, according to a department-wide email sent Friday. Employees have until today at 11:59 p.m. to make a decision, our Rebecca Carballo reports. The deal comes after the Trump administration ordered federal agencies to submit plans by mid-March for laying off employees in 'large-scale reductions in force.'
— Those who take the offer can stack it with retirement benefits. They will receive the equivalence of severance pay or $25,000, whichever is less, Jacqueline Clay, a chief human capital officer, wrote in an email sent on Friday afternoon. The offer would take effect March 31.
Student Loans
DISMISSED — Former Consumer Financial Protection Bureau staff are raising the alarm after the Trump administration dropped several lawsuits that accused student loan companies and other lenders of violating consumer protection laws.
— One of the cases dropped was against the Pennsylvania Higher Education Assistance Agency, which was accused of illegally collecting on student debt that was discharged in bankruptcy and reporting to credit agencies that borrowers weren't making payments. Others dismissed included cases against Capital One and Heights Finance.
— 'These six cases are just the beginning,' said Eric Halperin, a former CFPB associate director for enforcement during the Obama administration. 'The Trump led CFPB is intent on shutting down virtually all enforcement activity and has sent a clear message that its open season on consumers.'
Syllabus
— It could be months before affordable student loan repayment plans return: The Washington Post— After monthlong pause, Trump admin resumes investigating disability complaints at schools: USA Today— America's college chaos: Axios— Iowa governor signs law removing civil rights protections for transgender Iowans: Iowa Public Radio— Professor, scrutinized for ties to China, sues to get his job back: The New York Times