US Department of Education. (Getty Images)

The US Department of Education has softened its position on race-related policies in schools, easing fears that federal funding could be at risk for institutions that engage in diversity, equity, and inclusion (DEI) programs. The department’s revised guidance, which was released on February 28, 2025, attempts to clarify and narrow the scope of its earlier directive that threatened funding cuts for colleges and K-12 schools considering race in various aspects of student life.
The previous guidance, issued in early February, led to confusion and panic among school officials nationwide. It suggested that institutions might lose federal funding if they considered race in hiring, scholarships, or other areas of campus life. Critics argued that such a broad stance could limit schools’ ability to offer inclusive programs or address historical racial inequities.
A retreat from a stringent stance
The new guidance, posted late Friday, significantly softens the original position, clarifying that federal law does not give the Education Department the power to dictate curriculum or block cultural events like Black History Month celebrations. As reported by The Washington Post, the document emphasizes that these events, as long as they are open to people of all races, remain legally permissible.
Furthermore, the revised guidance narrows the focus of which DEI programs could draw scrutiny. The department specifically pointed to programs that could create a “racially hostile environment,” such as activities that “shame students of a particular race” or assign “intrinsic guilt based on the actions of their presumed ancestors.” However, the document also clarified that such extreme practices are less likely to occur in higher education settings, offering a more measured approach to enforcement.
Clarification on race-neutral policies
One of the most contentious aspects of the original guidance was its suggestion that race-neutral policies designed to achieve diversity might be illegal. The previous document warned that efforts like eliminating standardized testing for diversity purposes could violate federal law.
In its new directive, the Education Department has narrowed its focus on race-neutral policies, clarifying that such policies would only be considered unlawful if they have discriminatory intent. As The Washington Post reports, this clarification follows long-established legal precedents and provides more stability for schools that have adopted race-neutral strategies to enhance diversity.
Lawsuit and concerns over free speech
The revised guidance comes after the American Federation of Teachers and other groups filed a lawsuit challenging the original directive. As quoted by The Washington Post, they argued that the guidance violated free speech rights and was unconstitutionally vague.
The new document addresses these concerns by affirming that teachers’ First Amendment rights will not be infringed upon, and the department will not exercise control over the content of school curricula. While the Education Department still plans to investigate possible discrimination, the revised stance signals a shift toward greater legal consistency and clarity.
In conclusion, the Education Department’s retreat from its original directive signals a more cautious approach to race-related issues in schools, aiming to balance legal standards with the need for inclusive educational practices.