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By Morgan Craven, J.D. • IDRA Federal Education Law and Policy Update • February 28, 2025 •

On February 14, the Trump administration issued a “Dear Colleague” letter to schools across the country announcing changes to the way the U.S. Department of Education’s Office for Civil Rights (OCR) will define and investigate racial discrimination in schools.

The proposed changes are significant. They threaten the well-being of students of color and the school-based programs and initiatives that ensure students can access the same educational opportunities as their peers.

Through the letter, OCR attempts to expand the reach of the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard (2023). Though that case focused on college admissions policies, the department unilaterally applies the court’s reasoning to all preK-12 schools and colleges. The letter claims that federal law prohibits educational institutions from considering race in any context, including “admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”

The potential impacts of warping the Supreme Court’s decision and federal law are not theoretical. The proposed changes in the letter would have disastrous effects on school programs and policies that improve outcomes for real students, including policies that address disparities in school discipline for Black students; programs that expose more rural Latino students to dual credit opportunities; and initiatives that increase access to counselors for English learner students who are the first in their families to attend college.

Additionally, the letter denounces general initiatives in schools that are not focused on particular student groups but may nevertheless have the effect of increasing diversity.

Dear Colleague letters are often sent by the U.S. Department of Education to school districts and states. These letters cannot create or change existing law. Rather, they are meant to provide clarity about how existing laws – including key civil rights laws – will be implemented and how investigations into alleged violations will be conducted.

The changes outlined in the newest letter will compromise the department’s ability to meet its statutory responsibilities to prevent, investigate and remedy racial discrimination under Title VI of the Civil Rights Act of 1964. This federal civil rights law prohibits recipients of federal financial assistance – including public preK-12 schools and colleges across the country – from discriminating on the basis of race, color or national origin.

One of the most critical functions of the Office for Civil Rights is to investigate real claims of discrimination under Title VI and other federal laws. Yet, since President Trump took office, OCR has been severely limited in its ability to protect thousands of students across the country who have filed complaints about discrimination based on race, sex and disability status. Many employees have been placed on leave and the agency has shifted its investigation priorities.

The Dear Colleague letter signals even more drastic changes in enforcement and in how it determines which students will receive protection. Rather than acknowledging a history of racial discrimination in this country that persists and results in real differences in students’ access to a high-quality education, the department contends that any program or policy focused on race is, itself, discriminatory. This ignores the reality of unfair treatment that many students of color face, rewrites history, and attempts to pit communities against each other in harmful ways.

The letter instructs educational institutions across the country, by February 28, to: ensure their policies and programs comply with the letter’s prohibitions; end any program that may use a proxy for race (such as socioeconomic status) or indirectly benefit students of color; and end all contracts with outside providers whose work might conflict with the letter. Noncompliance could result in investigations by OCR and risk the institution’s federal funding.

The letter promises additional legal guidance “in due course,” but we will surely see unnecessary cuts to important programs and harmful chilling effects as schools struggle to understand the terms of the letter and the department’s enforcement plans.

Several groups have already challenged the new policy in court, arguing it violates free speech protections, is unconstitutionally vague, and goes beyond the agency’s authority. The American Federation of Teachers (AFT), AFT-Maryland, and the American Sociological Association allege in the lawsuit, filed February 25, that the policy would undermine schools’ ability to prepare students and “hamper efforts to further equal access to education.”

Please continue to follow these updates for more information about the laws and policies impacting the civil rights of students, including how guidance around this OCR letter develops.

Morgan Craven, J.D., is the IDRA national director of policy, advocacy and community engagement. Comments and questions may be directed to her via email at morgan.craven@idra.org.

[© 2025, IDRA. Permission to reproduce this article is granted provided the article is reprinted in its entirety and proper credit is given to IDRA and the author.]