Clarification on Diversity, Equity, and Inclusion Policies: What You Need to Know

The Department of Education has recently provided clarity regarding the observance of cultural and historical events, such as Black History Month, in the context of federal funding and diversity, equity, and inclusion (DEI) policies. This guidance comes after a letter was sent to all 50 state education departments in mid-February, informing them of a February 28 deadline to comply with an order requiring the removal of DEI policies or risk losing federal funding. The letter, from Craig Trainor, the acting assistant secretary for civil rights in the Department of Education, emphasized the importance of adhering to Title VI of the Civil Rights Act, which prohibits discrimination based on race, color, or national origin. The Department of Education clarified that observances like Black History Month do not violate Title VI, as long as they are inclusive and do not engage in racial exclusion or discrimination.

Understanding Title VI and Its Implications for Schools

Title VI prohibits recipients of federal funding, including schools, from discriminating on the basis of race, color, or national origin. The Department of Education’s guidance makes it clear that schools may not operate policies or programs that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races. For example, programs focused on cultural interests, heritages, or historical events are permissible as long as they are open to all students regardless of race. Educational, cultural, or historical observances, such as Black History Month, International Holocaust Remembrance Day, or similar events, are also allowed, provided they do not engage in racial exclusion or discrimination. However, the Department of Education emphasized that the use of specific terminology such as "diversity," "equity," or "inclusion" does not determine whether a policy or program violates Title VI.

Ohio State University’s Actions Amid the Ongoing DEI Debate

Amid the ongoing review of DEI work, Ohio State University has decided to "sunset" its DEI offices. This decision reflects the broader scrutiny of DEI initiatives across the country, as institutions grapple with the changing landscape of federal funding and compliance with civil rights laws. The university’s move is part of a growing trend of institutions reevaluating their approach to diversity, equity, and inclusion in response to federal guidance and potential funding implications. While Ohio State University has not provided specific details on the impact of this decision, it underscores the challenges institutions face in balancing their commitment to diversity and inclusion with the requirements of federal law.

Pushback Against DEI Policies: A Growing Trend

The pushback against DEI policies has gained momentum in recent months, with critics arguing that these initiatives often promote racial stereotypes and explicit race-consciousness. In his letter, Craig Trainor criticized what he referred to as "toxic indoctrination" of students with the premise that the United States is built upon "systemic and structural racism." He also accused proponents of DEI policies of smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline. Trainor’s letter serves as a call to action for educational institutions to ensure that their policies and actions comply with existing civil rights law, cease efforts to circumvent prohibitions on the use of race, and stop relying on third-party contractors that may be used to evade prohibited uses of race. Institutions that fail to comply may face the loss of federal funding, consistent with applicable law.

Financial Implications of DEI Reviews: Potential Savings

The financial implications of reviewing and potentially scaling back DEI initiatives are significant. For instance, the Department of Defense (DoD) has announced that initial findings from its review of DEI spending could result in cost savings of up to $80 million. This announcement highlights the potential financial benefits of reevaluating DEI programs, as institutions seek to optimize their resources while ensuring compliance with federal law. The DoD’s findings are part of a broader trend of agencies and institutions scrutinizing their DEI expenditures, driven in part by the changing regulatory landscape and the push for greater accountability in federal funding.

Executive Orders and the Future of DEI in Federal Agencies

The debate over DEI policies has also reached the highest levels of government, with President Donald Trump signing executive orders directing federal agencies to provide plans to eliminate federal funding for what he described as "illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology." Additionally, Trump signed orders to end DEI programs in federal agencies, signaling a shift in the federal government’s approach to diversity, equity, and inclusion. The Department of Education has already taken steps to remove mentions of DEI from its documents and websites, and employees who led DEI initiatives have been placed on leave, with the Diversity & Inclusion Council being dissolved. These actions reflect the broader push to redefine the role of DEI in federal agencies and educational institutions, with a focus on compliance with civil rights law and the avoidance of racial exclusion or discrimination.

The Broader Context: Balancing Diversity and Compliance

The clarification from the Department of Education, coupled with the actions taken by institutions like Ohio State University and the financial implications highlighted by the DoD, underscores the complex and evolving landscape of diversity, equity, and inclusion in the United States. The debate over DEI policies is not merely about the use of specific terminology