US Education Dept. Reshapes College Diversity Policies

The U.S. Department of Education has issued new guidance on affirmative action following recent Supreme Court rulings and is rolling back race-based criteria for federal McNair grants. These shifts are reshaping diversity and inclusion metrics in college admissions, potentially affecting how neurodiversity is considered in institutional equity efforts.

- The Supreme Court's June 2023 ruling in the *Students for Fair Admissions* cases found that the race-conscious admissions programs at Harvard and the University of North Carolina violated the Equal Protection Clause of the Fourteenth Amendment. - In response, the Department of Education and the Department of Justice issued guidance affirming that universities can still pursue diversity, but must do so through race-neutral means. This includes holistic application reviews where students can discuss how their race has affected their lives and focusing on factors like socioeconomic status or overcoming adversity. - The McNair Postbaccalaureate Achievement Program, which distributes approximately $60 million annually to support potential Ph.D. students, is having its race-based eligibility criteria removed following a Department of Justice legal memo and a subsequent lawsuit. The program had previously defined "underrepresented" students as those who are Black, Hispanic, American Indian, Alaskan Native, Native Hawaiian, or Pacific Islander. - In the first admissions cycle following the ruling, the number and percentage of underrepresented students of color saw a significant decline at highly selective institutions. For example, at Harvard, Black enrollment in the freshman class fell from an average of 10% in 2022-2023 to 7%. - Researchers have identified a "cascade effect," where highly qualified underrepresented students who might have previously attended elite schools are now enrolling at less selective institutions, thereby increasing diversity at many state flagship universities. - Following the Supreme Court's decision, some state officials have directed universities to end race-conscious scholarships, leading to nearly 50 colleges halting such programs and a loss of at least $60 million in financial aid. - The new guidance encourages universities to re-examine preferences for legacy applicants and donors, as these policies tend to benefit more privileged students and are unrelated to individual merit. - A notable trend in the wake of the ruling is a significant increase in the number of applicants choosing not to disclose their race or ethnicity on their college applications, which could obscure the full impact on campus diversity.

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