A coalition of 15 attorneys general recently issued new guidance to K-12 schools, colleges and universities on fostering diversity and inclusion, nearly a month after the U.S. Department of Education advised universities to “cease all efforts to circumvent prohibitions on the use of race” in admissions and student life.
The guidance was released in response to a Feb. 14 letter from the Education Department urging educational institutions to comply with “existing civil rights law” and stop considering race in admissions, hiring and “all other aspects of student, academic and campus life.” The letter said that DEI programs that “frequently preference certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not” likely violate Title VI of the 1964 Civil Rights Act and conflict with the U.S. Supreme Court’s 2023 decision outlawing racially based affirmative action.
Led by New York Attorney General Letitia James and the attorneys general of Massachusetts and Illinois, the coalition said DEI programs advance equal opportunity for all students and do not conflict with federal law. Per their March 5 guidance, colleges and universities can holistically evaluate students and target outreach in underrepresented communities, provided that applicants are treated as individuals and not given “preference on the basis of racial status in and of itself.”
“The administration cannot ban diversity, equity, inclusion, and accessibility efforts with a ‘Dear Colleague’ letter,” James said in a press release. “Schools and educational institutions can rest assured that they are well within their legal rights to continue building inclusive learning environments for their students. My office will always stand up for the rule of law and defend New Yorkers from threats.”
President Donald Trump began his second term by instructing executive departments and agencies to eliminate diversity practices while imploring the private sector to follow suit. The executive order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” directed the attorney general and secretary of education to send guidance to all colleges and universities receiving federal funding on compliance with the 2023 ruling.
The attorneys general criticized parts of the Education Department’s letter suggesting that race-neutral policies could still be unlawful and cited recent federal court cases permitting schools to enact race-neutral admissions “in order to increase student body diversity.” The Supreme Court last year declined to hear a case challenging a Virginia high school’s revised admissions policy that sought to increase student diversity by considering grades and other race-neutral factors like eligibility for reduced-price meals or special education services.
Answers to frequently asked questions were addressed in the guidance to assist colleges and universities in improving diversity and equal access. These schools are allowed to reevaluate policies like legacy admissions, testing requirements and application fees that “have generally created barriers for certain student groups” while complying with federal law, according to the guidance.
“Campuses may work with community organizations serving particular groups to share information about the application process and attract applications from that population,” the guidance read. “Similarly, as long as programs are open to all participants, regardless of their race, institutions may offer outreach, informational, and other programs that may, because of their content, be of particular interest to members of a particular racial group.”
“For example, partnering with affinity groups associated with community-based organizations is one culturally sustaining approach often undertaken by institutions that seek to diversify their student bodies,” it continued.
High schools are also instructed to prepare all students for college and the workforce by offering rigorous coursework and career learning options. The attorneys general said targeted campaigns making “students from underserved communities” better aware of these programs are permissible in some circumstances. All K-12 schools were urged to maintain a safe learning environment by implementing policies that address bullying and harassment, particularly among students vulnerable to discriminatory treatment because of their race, religion, sexual orientation, disability and other “identifying characteristics.”
Two weeks after the Feb. 14 letter release, the Department of Education’s Office for Civil Rights published its own FAQ document clarifying how DEI initiatives are viewed in light of Title VI and the Supreme Court’s affirmative action ruling. The document said that the legality of these programs “depends on the facts and circumstances of each case.”
“Schools with programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all students regardless of race,” the document read. “Nor would educational, cultural, or historical observances — such as Black History Month, International Holocaust Remembrance Day, or similar events — that celebrate or recognize historical events and contributions, and promote awareness, so long as they do not engage in racial exclusion or discrimination.”
“However, schools must consider whether any school programming discourages members of all races from attending, either by excluding or discouraging students of a particular race or races, or by creating hostile environments based on race for students who do participate,” it continued.
The Education Department earlier this week sent a separate letter to Binghamton University and 59 other colleges, warning of “potential enforcement action” if obligations to protect Jewish students under Title VI were not met.
In an interview with the Syracuse Post-Standard, SUNY Chancellor John B. King Jr said public colleges and universities will continue promoting diversity and representation through initiatives like the Educational Opportunity Program, which provides resources for low-income students to attend a SUNY campus. King said it has been an income-based, not a race-based, program since its inception.
Several universities in recent weeks have rolled back DEI initiatives in response to federal directives. The University of Virginia eliminated its DEI office on March 7, while the University of Pennsylvania last month removed references to diversity and equity initiatives across multiple sites. Binghamton University’s Division of Diversity, Equity and Inclusion appears unchanged.
A University spokesperson did not respond to requests for comment.
“From our founding, SUNY’s mission has been ‘to provide to the people of New York educational services of the highest quality, with the broadest possible access, fully representative of all segments of the population,’” a SUNY spokesperson wrote in a statement to Pipe Dream. “We will continue to follow the law and review new federal policies that may impact our campus community as they arise.”