The American Department of Education has given colleges and schools with specific breed programs – including financial assistance and racial theme dormitors and graduation ceremonies – until the end of the month for Delete them or risk losing federal funding while educators rushed during the holiday weekend to interpret the radical scope of new directives.
The letter of “dear colleague” of the Department’s civil rights division and addressed to the chiefs of kindergarten at the United States Supreme Court.
The guidelines, signed by the acting deputy secretary to civil rights Craig Trainor, said that schools using the “race in decisions concerning admissions, hiring, promotion, remuneration, financial assistance, scholarships , prices, administrative support, discipline, housing, graduation ceremonies and all other aspects of student, academic and campus life “were in violation of anti-discrimination laws and the legal precedent established in the positive affair of the high court.
“The ministry will no longer tolerate manifest and secret racial discrimination which has spread in educational establishments in this country,” said the letter. He later added that the federal education authorities “will vigorously apply the law on equal terms as for all preschool, elementary, secondary and post -secondary education establishments, as well as state educational agencies, which receive a financial assistance. “
The letter distinguishes “white and Asian students, many of whom come from disadvantaged backgrounds and low -income families”, as victims of discrimination. He has not mentioned other types of school programs that use non -racial groups, such as residences reserved for women, dormitory floors or programs for LGBTQ + students or religious communities.
A spokesperson for the department did not respond to a request for comments on Sunday.
California received around $ 16.3 billion in Federal Total Federal funding last year for its 5.8 million kindergarten students in the 12th year, according to Education Data Initiative, which compiles information from government sources. Figures include education expenses outside the education department, such as school meal programs and preschool children. The letter has not said whether the decision applies to funding that comes beyond the ministry.
At the college level, more than $ 1.5 billion is allocated to the Department of California students each year from the PELL subsidies, which do not have to be reimbursed and are given to low -income family students. In addition, more than a billion dollars more are distributed throughout the country thanks to other programs supporting low -income students.
The letter did not specify what type of federal funds for schools and colleges is in danger.
Educational and legal experts said on Sunday that the ministry’s advice not only target the practices in which researchers agree that the use of the breed is illegal – admissions and hiring – but also those that are banal and often not controversial. They include scholarships that help the under-represented racial minorities, culturally theme dormitory floors and optional graduation ceremonies for black, Latin American, Native American and other colleges and high school students.
Shaun Harper, professor of education, public policy and corporate of the USC, said that the message – a net turn of the application of educational civil rights under the president Biden – is “guaranteed to have a scary effect ”.
He also asked whether the letter from the Ministry of Education, which quotes the affirmative case for a “executive” which “applies more widely” beyond admissions, is legally solid.
“The Supreme Court has not prohibited the programs and resources of the campus concerned with the race. Instead, he said the breed cannot be used as a factor to determine admission, “said Harper. “Consequently, the dear colleague’s letter is an interpretative overtaking.”
California’s 209 proposal, approved in 1996, prohibited all public education establishments from the State to consider the race in admissions. Private institutions, such as the USC and Stanford, were also prohibited from the practice after the recent decision of the positive action of the Supreme Court.
But other campus programs related to the breed have been in place for years in schools, colleges and universities from kindergarten to 12th year.
At the UCLA, the Black Bruin Resource Center was launched in 2020 to “raise, support and inspire the UCLA black and African diaspora community”. The campus also has a Latinx diploma discount – formerly graduated from Raza – which began in 1973. At Cal State, there is the success program for American, indigenous and Indian students from the Pacific. Since 1972, the USC has organized its celebration of Latin graduates. The websites for everyone say that they are open to all students.
The opinion of the department called such ceremonies to present “shameful” diplomas.
In a statement, the University of California said on Sunday that it was not concerned about the use of the department.
The letter “provides advice on the interpretation by the ministry of existing anti-discrimination laws and does not appoint any specific institution,” said the press release. “This indicates how the OCR (Office of Civil Rights) intends to apply these legal requirements. Given the conformity of the UC to proposal 209, we do not use preferences based on breed in our practices. »»
The California State University Office of the Chancellor, which oversees the 23 campus system, could not be joined to comment. USC and Stanford spokesperson could not be joined either to comment.
Morgan Polikoff, professor of education of the USC, said that he considered the Trump administration’s decision as a “pretext to go after universities”. The letter, he said, went “far beyond” the decision of the Harvard affirmation case. “But if it means that universities change policies out of fear, they can accomplish a lot even if the argument of the dear colleague letter does not have water.”
Edward Blum, founder of The Students for Fair Admissions – The organization which won his affirmative trial against Harvard two years ago in the decision of the Supreme Court – said that the Ministry’s message was a salvo of opening in the potential legal fighting.
“This letter is probably a prelude to a next series of detailed directives that will identify discriminatory policies and programs that will be challenged before the Federal Court by the Department of Education,” said Blum. “Public and private educational establishments that have adopted policies that they consider as if we can soon have these policies declared as illegal procurations.”
Schools from kindergarten to 12th year and higher education establishments have been alert since the inauguration of President Trump on a multitude of problems affecting education, including decrees on the application of immigration and the role of transgender students in sports.
The president appointed the former administrator of the Small Business Administration and wrestling director Linda McMahon to be his secretary for education and managed McMahon – which the Senate did not confirm – to “put himself out of a job ».
Trump said he wanted to eliminate the department. McMahon, during her confirmation audience last week, said that she and Trump “would work with the congress” to carry out this mission by “presenting a plan with which I think our senators could go on board and our congress To get on board “.
If the ministry is dismantled, some of its functions can be transferred to other federal ministries, including the application of civil rights, the Department of Justice.
During its audience, McMahon largely avoided giving specific answers on diversity, equity and inclusion while being questioned by Senator Chris Murphy (D-Conn.).
“We come back to more separation from our schools, instead of having more inclusion in our schools,” said McMahon. “When there are dei programs that say that black students need separate graduation ceremonies or that Hispanics need separate ceremonies, we do not realize what we wanted to achieve with inclusion.”
Murphy said that an organization of black engineers from the West Point Military Academy dissolved after a Trump decree eliminated Dei from the federal government. He asked McMahon if public schools could finance similar Dei programs structured around ethnic or racial affiliations.
“I certainly don’t want to approach, you know, hypothetical situations. I would like, once I have been confirmed, enter and assess these programs, watch what was covered, “said McMahon.
The Ministry of Education published its letter of the next day.
California Daily Newspapers
