A group of Democrats are calling on the Department of Education to rescind threats of defunding schools with diversity, equity and inclusion (DEI) programs.
The Hill received an exclusive look at a letter sent to Denise Carter, the department’s acting secretary, and Craig Trainor, the acting assistant secretary for civil rights.
The letter, led by Rep. Summer Lee (D-Penn.), criticizes the department for a Feb. 14 “Dear Colleague letter” sent to educational institutions receiving federal funds.
In the Democrats’ letter, legislators argue the Department’s threats are “yet another example of the concerted movement to dismantle educational opportunities for the most marginalized students and deny all students the shared benefits of educational experiences that equip them with the skills to think critically about and thrive in our multiracial and diverse democracy.”
“Schools’ diversity, equity, inclusion, and accessibility initiatives simply aim to level the playing field and redress the ongoing harms of segregation and centuries of legal inequity, exclusion, and discrimination,” the letter states.
“The programs, curricula, and trainings being targeted by the Office for Civil Rights do not afford any unfair advantages to women and girls, students of color, LGBTQ+ students, students with disabilities, and/or immigrant students.”
In the Department of Education’s letter on Feb. 14, Trainor stated that institutions receiving federal funds must end using “race preferences and stereotypes” as a factor in admissions, hiring, promotions, compensation, scholarships, prizes, administrative support, sanctions and discipline.
The letter specifically mentioned the Supreme Court’s 2023 decision to end race conscious admissions in higher education in the Students for Fair Admissions v Harvard case.
“With this guidance, the Trump Administration is directing schools to end the use of racial preferences and race stereotypes in their programs and activities—a victory for justice, civil rights laws, and the Constitution,” Trainor said at the time. “For decades, schools have been operating on the pretext that selecting students for ‘diversity’ or similar euphemisms is not selecting them based on race. No longer. Students should be assessed according to merit, accomplishment, and character—not prejudged by the color of their skin. The Office for Civil Rights will enforce that commitment.”
Institutions that failed to end DEI programs could face an investigation and lose federal funding. The Department said it would begin assessing these institution’s compliance 14 days from when the letter was sent.
Ending DEI programs and policies has become a priority for the Trump Administration.
In January, President Trump signed an executive order directing federal agencies to end “illegal preferences and discrimination” in government and help find ways to “encourage the private sector to end illegal discrimination and preferences, including DEI.”
On Thursday, the administration launched an online portal allowing people to report DEI practices in public schools.
But, the efforts to eliminate DEI in schools have not been met without backlash. The American Federation of Teachers on Tuesday sued the Department of Education over its Dear Colleague letter.
In their own letter to the Department, legislators on Friday warned that the Department’s threats to end federal funding for institutions with DEI programs potentially introduces First Amendment concerns.
The legislators also pushed back on the Department’s use of the SFFA v. Harvard, pointing out that the decision did not make it unlawful for schools to pursue diversity. Instead, the lawmakers’ letter states that SFFA v. Harvard actually acknowledged that enhancing diversity is a commendable goal.
And despite the department giving institutions until March 1, lawmakers said there were no clear details for what schools and educational agencies can expect from these compliance assessments.
“For example, it is unclear if the Office for Civil Rights intends to place every educational institution and agency receiving federal funding under investigation beginning March 1, or if the Office will only investigate schools and agencies with formal complaints levied against them,” legislators wrote.
The letter added that the Office for Civil Rights has an obligation to follow proper procedures before federal funding could be revoked.
The Office for Civil Rights must allow educational institutions and agencies the ability to respond to allegations, enter into a resolution agreement and dispute the complaint before court.
Democrats are now calling for the Office for Civil Rights to rescind its Dear Colleague letter and provide schools and educational agencies of their right to due process before losing federal funding.
“Addressing systemic discrimination through diversity, equity, inclusion, and accessibility initiatives improves the educational experience for everyone and is vital to the future success of our nation,” the letter concludes.
