Federal school DEI guidelines clarified to say Black History Month doesn’t violate order

The Department of Education recently clarified that observances such as Black History Month are not in violation of an order warning state education departments to remove diversity, equity, and inclusion (DEI) policies or risk losing federal funding. The guidance, issued after a letter from the Department of Education Office for Civil Rights, emphasized that Title VI prohibits discrimination based on race, color, or national origin.

According to the guidance, 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. However, programs focused on interests in particular cultures, heritages, and areas of the world are acceptable as long as they are open to all students regardless of race. Educational, cultural, or historical observances like Black History Month or International Holocaust Remembrance Day are also allowed, as long as they do not engage in racial exclusion or discrimination.

The guidance also clarified that the use of specific terminology like ‘diversity,’ ‘equity,’ or ‘inclusion’ does not determine whether a policy or program violates Title VI. The letter from Craig Trainor, acting assistant secretary for civil rights, highlighted concerns about institutions indoctrinating students with the false premise of systemic racism and advancing discriminatory practices under the guise of DEI.

Educational institutions were advised to ensure compliance with civil rights laws, cease efforts to circumvent prohibitions on the use of race, and refrain from relying on third-party contractors to avoid prohibited uses of race. Failure to comply may result in potential loss of federal funding.

President Donald Trump had previously signed executive orders to eliminate federal funding for discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology. The Department of Education had removed mention of DEI from documents and websites, placed DEI initiative leaders on leave, and dissolved its Diversity & Inclusion Council in response to these orders.

In conclusion, the Department of Education’s guidance clarifies that observances like Black History Month are not in violation of federal laws, as long as they do not engage in racial discrimination or exclusion. The department continues to monitor compliance with civil rights laws and take action against institutions that fail to uphold these standards.