Federal Guidance Regarding DEI

On Friday, February 14, 2025, the U.S. Department of Education’s Office of Civil Rights issued a “Dear Colleague” letter informing the higher education community of possible cuts to federal funding if they continue diversity, equity, and inclusion (DEI) programs. On April 24, 2025, a federal court enjoined the U.S. Department of Education from “enforcing and/or implementing” the letter. The Department is unable to implement the letter until further notice. 

The “Dear Colleague” letter draws upon the 2023 Supreme Court decision, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, that made affirmative action in admissions illegal. The “Dear Colleague” letter instructs schools to ensure they are in compliance with federal law, to mitigate efforts to circumvent bans on using race in the admission process, and to stop using third-party contractors to gather any sort of race information. “Dear Colleague” letters do not carry the same legal weight as regulations or laws. Melanie Gottlieb, AACRAO’s Executive Director, has issued a statement to the association’s members.