Tennessee schools given two weeks to eliminate diversity programs or risk funding loss

The Lyndon Baines Johnson Department of Education Building pictured on Nov. 25, 2024. (Photo by Shauneen Miranda/States Newsroom)  

Tennessee K-12 schools, colleges and universities say they need further guidance after receiving a U.S. Department of Education directive to end all “race-based preferences” by the end of this month – or risk losing federal funding.

The “Dear Colleague” letter, sent Feb. 14, warns all educational institutions that receive federal funding to cease all race-based decision-making in admissions, hiring, promotion, compensation, financial aid, scholarships, prizes, housing, graduation ceremonies, “and all other aspects of student, academic, and campus life.”

“Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon ‘systemic and structural racism’ and advanced discriminatory policies and practices,” read the letter from Craig Trainor, acting assistant secretary for civil rights at the education department.

“Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of ‘diversity, equity, and inclusion,’” read the letter, which warned institutions they have until Feb. 28 to eliminate any diversity, equity and inclusion initiatives.

The letter promised “additional legal guidance will follow in due course.”

Five days after thousands of the nation’s public school districts, colleges and universities were put on notice by the warning, no further guidance has been issued.

The University of Tennessee system — the state’s largest public university system — is “reviewing its implications,” Melissa Tindell, a spokesperson for the University of Tennessee System, said Wednesday.

“At this time, we are assessing any potential impacts to the University,” Tindell said.

Public school districts across Tennessee are also grappling with the implications of the letter in the absence of further communication from federal education officials.

“KCS follows state and federal law, and is awaiting the additional legal guidance referenced in the letter,” said Carly Harrington, a spokesperson for Knox County Schools.

Sean Braisted, a spokesperson for Metro Nashville Public Schools, said the district “does not condone or promote discrimination against any students based on race or other traits.

“We will review any specific guidance from state or federal agencies with our legal team,” Braisted said. “Until we receive further direction, we will continue to operate in compliance with existing state and federal laws, regulations, and policies.”

The Tennessee Department of Education declined to answer a question about the potential impact on specific programs operating within the state’s elementary, middle and high schools.

A department spokesperson issued a brief response that said, “we received the letter and will provide guidance as needed.”

The directive cites as its basis a 2023 U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, which found race-based college admissions practices are unconstitutional.

Trainor’s letter cites a far broader scope of activities than the high court ruling, claiming that the nation’s educational institutions’ “embrace of pervasive and repugnant race-based preferences and other forms of racial discrimination have emanated throughout every facet of academia,” including in financial aide, hiring and training – and instances in which students of color establish separate graduation ceremonies or dormitories.
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