US Education Dept. Alters Civil Rights Enforcement

- The grant changes impact several programs for Minority-Serving Institutions (MSIs), which were set to receive approximately $350 million in discretionary funds in fiscal year 2025. For instance, the Minority Science and Engineering Improvement Program required that institutions have a student body of at least 50% underrepresented minorities to qualify for grants. - This decision to end funding for certain MSI grants was based on a July 2025 determination by the U.S. Solicitor General that the programs violate the equal-protection component of the Fifth Amendment's Due Process Clause. The Justice Department indicated it would not defend these programs in ongoing litigation. - A federal court in Maryland, in a ruling by U.S. District Judge Stephanie Gallagher, struck down the Education Department's anti-DEI guidance. The ruling specifically vacated a "Dear Colleague Letter" from February 14, 2025, and a related certification requirement issued on April 3, 2025. - The court determined the department's guidance was unlawful because it did not follow the required notice-and-comment procedures under the Administrative Procedure Act (APA). The judge also found the vaguely written directives violated the First and Fifth Amendments by imposing viewpoint-based restrictions on speech and failing to provide clear notice of what was prohibited. - The lawsuit that led to the striking down of the DEI guidance was filed by the American Federation of Teachers and the American Sociological Association. Following the district court's ruling, the Department of Education abandoned its legal defense and dismissed its appeal at the 4th Circuit Court of Appeals, leaving the lower court's decision in place. - The changes are part of a broader shift in the enforcement priorities of the Department of Education's Office for Civil Rights (OCR). This shift includes launching investigations into school programs aimed at addressing historical inequities, framing them as potential illegal discrimination. - The OCR is facing a significant backlog of about 25,000 unresolved cases, an increase from 20,000 when the current administration took office. Current and former employees have stated that severe staff shortages have resulted in some attorneys handling as many as 300 cases at a time. - The rollback of race-based criteria also affects the Ronald E. McNair Postbaccalaureate Achievement Program, which provides grants to increase the number of Ph.D. graduates from underrepresented backgrounds. The Education Department plans to propose new regulations to remove race-based eligibility criteria for this program following a legal challenge.