Washington Update

Guidance Issued on Diversity, Equity and Inclusion

The Department of Education released new guidance reiterating that diversity, equity and inclusion (DEI) activities in K-12 and postsecondary schools are generally permissible under federal law. The guidance appears to be part of an ongoing effort by the Biden Administration to promote DEI programs during an era where such programs have become politically controversial.
 
The new guidance clarifies the Department’s interpretation of Title VI of the Civil Rights Act, which prohibits race, color, and national origin discrimination in federally funded programs or activities.
 
According to the guidance, DEI activities are consistent with Title VI because they are generally intended to further the statute’s anti-discrimination purpose. Thus, the guidance notes that Title VI does not categorically preclude activities such as: 
  • DEI training;
  • Training on systemic racism, cultural competency, or nondiscrimination;
  • Climate assessments;
  • Anti-harassment programs for students;
  • Investigations or reports on racial disparities within a school; or
  • Use of specific words in school policies or programs, such as equity, discrimination, diversity, systemic racism, or other similar phrases.
 

 

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