While colleges and universities rush for answers in response to the “dear colleague letter” from the Ministry of Education, prohibiting the programming of I, the agency now aims to provide advice with a new “Frequently asked questions” document.
Since February 14, when the letter has been published, many colleges and school districts expressed concern about the new rulesDeclaring that legal advice would be considered to better understand how to provide fair education without violating the federal law.
During the weekend, the Department of Education published a new FAQ providing detailed information on the rules described in the letter. He answers questions like:
- Can schools separate the students by race or encourage students to self-spare by race?
- The diversity, equity and inclusion programs are illegal under Students for fair admissions c. Harvard?
- As part of their admission process, May schools include application test prompts that invite discussions on the breed?
“The” dear colleague letter “is clear: Trump’s Ministry of Education will not authorize educational establishments that receive federal funds to discriminate on the basis of the race,” said Craig Train, acting assistant secretary civil rights, in a statement. “These FAQs will facilitate compliance with title VI of the 1964 civil rights law, the equal protection clause and Students for fair admissions against Harvard.“”
Currently, the FAQ includes answers to 15 questions and will include updates as other questions arise. For the moment, let’s take a look at the response of the Department of Education to the three questions previously listed.
Can schools separate the students by race or encourage students to self-spare by race?
Answer: “Segregation is illegal,” says the document. “Consequently, the racial aspects sponsored by schools or at the racial school of the life of students, academics and campus, such as programming, graduation ceremonies and housing, are legally indefensible under the same distinct but equal” that the court rejected in brown. “
The diversity, equity and inclusion programs are illegal under Students for fair admissions c. Harvard?
Answer: Schools cannot discriminate depending on the breed, color or national origin in their programs or activities, depending on the FAQ. For example, schools with interest -oriented programs in cultures, inheritances and specific world areas would not violate title VI, assuming that they are open to all students, regardless of race. However, schools must determine whether the programming discourages members of all breeds to participate: “either by excluding or discouraging students from a race or a particular race, or by creating hostile environments based on the breed for students who do not participate,” said the document.
As part of their admission process, May schools include application test prompts that invite discussions on the breed?
Answer: Students For fair admissions c. Harvard decided that the admission policies based on the breed which fail a strict examination are illegal. However, he also declared that “nothing prohibited for universities to consider the discussion of an applicant on the way in which the race affected the life of the applicant, as long as this discussion is concretely linked to a quality of character or to a unique capacity that the particular candidate can contribute to the university.”
The FAQ warns schools to make test guests that force the candidates to disclose their race, declaring that colleges would illegally try to indirectly do what cannot be done directly, as are the admission policies that hold brief interviews in order to visually assess the breed of a plaintiff “.
For more information, read the FAQ here.
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