by Seroll Burt
March 6, 2025
Attorney for the DOE civil rights office said he hopes school leaders realize everything dealing with race does not violate the law.
The Department of Education made it clear that celebrating observances like Black History Month won’t put schools at risk of losing federal funding under President Donald Trump’s anti-diversity, equity and inclusion (DEI) executive order, Fox News reported.
Following a letter from the DOE’s Office for Civil Rights reminding all 50 states of the Feb. 28 deadline to comply with the order to remove DEI policies, the clarification pointed to Title VI of the Civil Rights Act of 1965, which prohibits “recipients of federal funding from discriminating on the basis of race, color, or national origin.”
“Schools may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races,” the guidance reads.
“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.”
Acting assistant secretary for civil rights, Craig Trainor, said schools have “toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices.”
The walk back on Trump’s executive order comes just days after new Secretary of Education Linda McMahon was confirmed on Mar. 3 in a 51-45 vote along party lines. However, while Trainor claims the department is standing its ground, education experts feel the initial order was just a scare tactic. Osamudia James, a professor at the University of North Carolina School of Law, labeled the order as a way to “scare and chill” schools. “Every dollar you spend litigating these issues is money that does not go to supporting students who need it,” James said.
An attorney for the civil rights office, Ray Li, told USA Today that the Trump administration, despite universities closing DEI offices and limiting support of some marginalized student groupsrealizes everything dealing with race does not violate the law. He hopes school leaders also realize that, calling the guidance a “retreat back to some legal standards.”
“Hopefully, schools take that information and realize that just because something deals with race doesn’t mean it violates the law,” he said. “Even this administration recognizes that.”
Unfortunately, the guidance came after several DOE employees who led DEI initiatives were placed on leave. Several were placed on the unemployment list after the Diversity & Inclusion Council was dissolved.
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