Friday marked the deadline for schools across the country to end race-based decision-making or risk losing federal funding, at least according to a letter sent from the Department of Education earlier this month.
The so-called “Dear Colleague” letter warned that schools across the country could lose federal funding unless they stop using race in admissions, hiring and “all other aspects of student, academic and campus life.”
The department didn’t respond to a request from WFAE on Friday about whether it had started any enforcement against schools.
In guidance sent out last week, state Superintendent Mo Green urged schools against “overreacting."
"Your core responsibility remains the same: Treat all students and staff fairly," Green wrote.
He urged schools to consult with legal teams and ensure that policies comply with existing law and that programs meant to help address barriers are "open to all students who need them."
Green's message suggested schools provide “extra care and documentation” when making decisions on hiring and promotions, student placement and discipline to show the reasons why a particular decision was made.
Green pointed to a footnote in the letter that says it "does not have the force and effect of law and does not bind the public or create new legal standards."
He noted courts have long-held schools can't make policies based on race unless the goal is to correct clear and documented discrimination. In light of that, Green said schools should stay focused on ensuring fairness, removing barriers to opportunity and making decisions based on “merit and need.”
