As promised, the US Department of Education’s (ED) Office for Civil Rights and the US Department of Justice’s Civil Rights Division jointly released guidance following the US Supreme Court’s recent decision around the use of race in college admissions. The two resources, a "Dear Colleague" letter and a Q&A document, were designed to help colleges and universities understand the Court’s decision as they continue to pursue campuses that are racially diverse and that include students with a range of viewpoints, talents, backgrounds,
and experiences. ED reaffirmed its commitment to ensuring that educational institutions remain open to all, regardless of race.
In a joint release, senior leaders of the Biden-Harris administration commented on the benefits of diversity and of their commitment to educational opportunity.
“For higher education to be an engine for equal opportunity, upward mobility, and global competitiveness, we need campus communities that reflect the beautiful diversity of our country,” said US Secretary of Education Miguel Cardona. “The resources issued
by the Biden-Harris Administration today will provide college leaders with much-needed clarity on how they can lawfully promote and support diversity, and expand access to educational opportunity for all following the Supreme Court’s disappointing
ruling on affirmative action. This is only the first step and our Administration will continue to work to ensure we prepare students of all backgrounds and income levels to lead our multiracial democracy together.”
“Ensuring access to higher education for students from different backgrounds is one of the most powerful tools we have to prepare graduates to lead an increasingly diverse nation and make real our country’s promise of opportunity for all,” said Attorney
General Merrick B. Garland. “These resources provide universities with the information they need to determine what lawful tools remain available to them to promote diversity in higher education. The Justice Department remains committed to working
with our partners across government to advance educational opportunity for all Americans, regardless of their background.”
The National College Attainment Network (NCAN) recommends that all members read both documents in full but highlights these top-line excerpts regarding institutions of higher education:
For institutions of higher education, this may mean redoubling efforts to recruit and retain talented students from underserved communities, including those with large numbers of students of color.
Colleges and universities may also choose to focus on providing students with need-based financial support that allows them not just to enroll, but to thrive. During an informational webinar yesterday, leaders emphasized that this
ruling is about admissions practices not financial aid.
By partnering with school districts in underserved communities, supporting improved access to high quality advanced courses, and investing time and resources into programs that identify and nurture students’ potential, colleges and universities can
ensure that more students will be prepared to apply to colleges and universities, gain admission, succeed, and graduate.
Nothing in the Court’s decision prohibits institutions from carefully evaluating their policies to best determine which factors in a holistic admissions process most faithfully reflect institutional values and commitments. For example, an institution
committed to increasing access for underserved populations may seek to bring in more first-generation college students or Pell Grant-eligible students, among others. In addition, nothing in the decision prevents an institution from determining
whether preferences for legacy students or children of donors, for example, run counter to efforts to promote equal opportunities for all students in the context of college admissions.
Further, the Q&A document discusses so-called, “targeted outreach, recruitment, and pathways programs,” in detail so we share these excerpts likely to be of great interest to NCAN members serving students and partnering with higher education
institutions:
To promote and maintain a diverse student applicant pool, institutions may continue to pursue targeted outreach, recruitment, and pipeline or pathway programs (referred to here as “pathway programs”). These programs allow institutions to take active
steps to ensure that they connect with a broad range of prospective students—including those who might otherwise not learn about these institutions and their educational programs or envision themselves as potential candidates for admission.
The Court’s decision does not require institutions to ignore race when identifying prospective students for outreach and recruitment, provided that their outreach and recruitment programs do not provide targeted groups of prospective students preference
in the admissions process, and provided that all students—whether part of a specifically targeted group or not— enjoy the same opportunity to apply and compete for admission. Such outreach and recruitment efforts can remove barriers and promote
opportunity for all, and institutions remain able to permissibly consider students’ race when engaged in those efforts.
In addition to outreach and recruitment programs, institutions may offer pathway programs that focus on increasing the pool of particular groups of college-ready applicants in high school and career and technical education programs. The structure
and scope of pathway programs vary significantly across institutions. An institution may partner with a particular school or student-centered organization and offer mentoring or other programming throughout the school year to enhance students’
academic exposure. It may also host summer enrichment camps for students attending nearby public schools.
We hope this early guidance begins to clarify the lawful practices to continue to support diverse classes in higher education. We at NCAN know that there are likely many outstanding questions and will continue to share guidance, resources, and support,
through webinars, peer exchanges, and national conference sessions to support you as you navigate a year of changes.
This article quotes the guidance documents linked above as well as answers during an August 14 informational webinar with the Departments of Education and Justice.
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