On February 28, 2025, the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) released a frequently asked questions document to answer anticipated questions that may be raised in response to the Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard that was issued on February 14, 2025 and stated that Title VI prohibits schools from “using race in decisions pertaining to…administrative support” and “all other aspects of student, academic, and campus life.” Title VI is the federal civil rights law that protects against race-based discrimination. The Q&A document is titled Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act.

Following the February 14th DCL, the USDE launched an anti-DEI portal aimed at identifying potential areas for investigation. USDE also encouraged parents, students, and teachers to use the portal to bring to USDE’s attention schools or school districts using “illegal discriminatory practices,” as well as the teaching of “divisive ideologies and indoctrination.”

According to K-12 Dive, how the USDE’s focus on DEI programming will impact students with disabilities remains to be seen. Since schools often serve disabled students through inclusive practices. While the special education community has asked for clarification on that issue, the updated guidance does not answer those questions.

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