The Biden administration issued guidance documents aimed at clarifying the implications of the recent U.S. Supreme Court ruling that struck down race-conscious admissions policies in higher education. The guidance emphasizes that while colleges have lost a significant tool in achieving diversity in admissions, they should not abandon broader efforts to enroll and support a diverse student body.
The Dear Colleague Letter (DCL), jointly issued by the U.S. Departments of Justice and Education, underscores the value of diversity in education and pledges support for colleges that pursue lawful steps to promote diversity and inclusion. It acknowledges that fostering diversity requires sustained action to eliminate barriers that prevent underserved students, particularly students of color, from accessing the benefits of higher education. The guidance suggests that colleges should intensify efforts to recruit and retain talented students from underserved communities, which may involve focusing on students from diverse backgrounds and creating a sense of belonging for enrolled students.
In addition to the DCL, the two departments also released a question-and-answer resource that outlines legally permissible practices for considering race in admissions. The guidance clarifies that institutions are still free to consider qualities and characteristics of individual students that pertain to their admission decision, such as personal experiences related to race. It also addresses the use of demographic information for outreach and recruitment efforts.
While the Supreme Court’s ruling bans the consideration of racial status in admissions, colleges can still gather and use demographic information to refine outreach, recruitment strategies, and campus programming. The Education Department announced plans to release a report in September on promising diversity and inclusion practices. The report will include strategies for using measures of adversity in admissions, such as considering applicants’ financial means, their socioeconomic background and high-school context, and personal hardships or experiences with discrimination.
