The Biden administration on Monday issued guidance documents aimed at clarifying the implications of the recent U.S. Supreme Court ruling that struck down race-conscious admissions policies in higher education. The guidance emphasizes that while colleges have lost a significant tool in achieving diversity in admissions, they should not abandon broader efforts to enroll and support a diverse student body, The Chronicle of Higher Education reported.
The Dear Colleague Letter (DCL), jointly issued by the U.S. Departments of Justice and Education, underscores the value of diversity in education and pledges support for colleges that pursue lawful steps to promote diversity and inclusion. It acknowledges that fostering diversity requires sustained action to eliminate barriers that prevent underserved students, particularly students of color, from accessing the benefits of higher education.
The guidance suggests that colleges should intensify efforts to recruit and retain talented students from underserved communities, which may involve focusing on students from diverse backgrounds and creating a sense of belonging for enrolled students. The letter was signed by Kristen Clarke, Assistant Attorney General for the Justice Department's Civil Rights Division, and Catherine E. Lhamon, Assistant Secretary for the Education Department's Office for Civil Rights.
In addition to the DCL, the two departments also released a question-and-answer resource that outlines legally permissible practices for considering race in admissions. The guidance clarifies that institutions are still free to consider qualities and characteristics of individual students that pertain to their admission decision, such as personal experiences related to race. However, the emphasis is on treating students based on their individual characteristics rather than solely on their racial identity, the Chronicle reported.
The guidance provides hypothetical examples of applicants' experiences that could be considered in admissions decisions, such as overcoming prejudice or drawing from cultural heritage. It emphasizes that colleges can continue to consider applicants' achievements in the context of their broader circumstances, including socioeconomic status and adversities faced, while avoiding granting preference solely based on race.
The guidance also addresses the use of demographic information for outreach and recruitment efforts. While the Supreme Court's ruling bans the consideration of racial status in admissions, colleges can still gather and use demographic information to refine outreach, recruitment strategies, and campus programming. Admissions officers can continue to know an applicant's race, but the document advises against using this data to make admissions decisions.
Additionally, the document encourages colleges to explore equitable admissions preferences, scrutinizing legacy status or donor affiliation that may disadvantage certain groups, reported the Chronicle. The guidance urged institutions to ensure their doors remain open to students of all backgrounds, fostering a commitment to equal opportunity and justice.
The Education Department announced plans to release a report in September on promising diversity and inclusion practices, according to a press release. The report will include strategies for using measures of adversity in admissions, such as considering applicants' financial means, their socioeconomic background and high-school context, and personal hardships or experiences with discrimination.
Related Links
U.S. Education Department Press Release
https://www.ed.gov/news/press-releases/advance-diversity-and-opportunity-higher-education-justice-and-education-departments-release-resources-advance-diversity-and-opportunity-higher-education
The Chronicle of Higher Education
https://www.chronicle.com/article/feds-release-guidance-in-wake-of-supreme-courts-ruling-on-admissions