EXECUTIVE ORDER PROJECT - EDUCATION: Department of Education Letter Orders Virginia K-12 Schools to 'End Racial Preferences'
The letter and an accompanying email began arriving in superintendents' inboxes over the weekend, but some in central Virginia received only one, or none, of the documents.
By Martin Davis
EDITOR-IN-CHIEF
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Over the weekend, some school superintendents in Virginia began receiving an email from Adam Honeysett, managing director, state and local engagement at U.S. Department of Education, titled: “U.S. Department of Education Directs Schools to End Racial Preferences.”
“Educational institutions receiving federal funds,” the email said, “must cease using race preferences and stereotypes as a factor in their admissions, hiring, promotion, compensation, scholarships, prizes, administrative support, sanctions, discipline, and beyond.”
It goes on to say that the DOE will begin “assessing compliance beginning no later than 14 days from issuance of the letter,” and failure to comply can lead to a loss of federal funding.
It cites as legal justification for its action Students for Fair Admissions v. Harvard, which struck down universities’ ability to use race in admissions decisions (Read the ruling).
Linked in the email was a Dear Colleagues Letter issued by Craig Trainor, the acting assistant secretary for civil rights at US DOE.
“Discrimination on the basis of race, color, or national origin is illegal and morally reprehensible,” the DCL begins. “I write to clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the United States Department of Education”
It argues that “Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices.”
Does the Harvard Decision Apply?
The DCL that was sent out makes clear that the Harvard admissions decision also applies to K-12 institutions.
“Although SFFA addressed admissions decisions,” the document said, “the Supreme Court’s holding applies more broadly.”
Footnote 1 of the DCL states: “Throughout this letter, ‘school’ is used generally to refer to preschool, elementary, secondary, and postsecondary educational institutions that receive federal financial assistance from the Department.”
The DCL then uses this broader reading of the case to say it is a violation of federal law to treat “a person of one race differently than it treats another person because of that person’s race…. Federal law thus prohibits covered entities from using race in decisions pertaining to admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life.”
However, this expansive reading of the Harvard case is not shared by all.
The Stanford Center for Racial Justice, an arm of Stanford Law School, says in its Q&A about the case:
Does the Court’s decision apply beyond higher education?
Strictly speaking, no. SFFA only directly applies to college admissions.
However, it is important to consider the legal grounds under which SFFA was decided to understand how it may influence future litigation.
Not Everyone Informed
The Advance has learned from multiple sources who asked not to be identified that while a few district superintendents received either the email, the DCL, or both, a significant number of district superintendents received nothing.
Why some districts would receive this information and others would not is unknown.
In its efforts to reduce the federal workforce quickly through firings, the Administration has not always been consistent in how it goes about this restructuring. Some probationary workers in the Small Business Administration told Business Insider, for example, they were fired, unfired, and re-fired. Employees with stellar performance records have been fired for “poor performance.”
The Department of Education is itself currently undergoing upheaval as mass firings and temporary shutdown of some datasets have been occurring over the past week.
Whether that accounts for the unequal distribution of the email and letter is not immediately clear.
The Advance has reached out to the Department of Education for a response.
Stay with the Advance as we continue to report this story.
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Our national pride as a melting pot is congealing into a souless white blob.
Each day the news is sadder for the United States. Deliver us from evil.