ED Issues Guidance to Clarify Dear Colleague Letter

Late on Friday, February 28, 2025, the U.S. Department of Education (ED)’s Office of Civil Rights issued a frequently asked questions document providing guidance on their Dear Colleague Letter (DCL) regarding discrimination on race, color and national origin in K-12 and higher education. This guidance was released on the deadline set by ED for institutions of higher education to comply with the DCL. 

While the DCL remains clear that institutions of higher education that receive federal funds shall not discriminate on the basis of race, the FAQ document seems to deescalate some of the more contentious provisions, including:

Acknowledging that ED cannot control the content of school curricula, but first amendment rights do not relieve schools of their Title VI obligations,

Stating that schools with programs “focused on interests in particular cultures, heritages and areas of the world” are not illegal if they are open to all students regardless of race,

Reminding schools that affinity graduation ceremonies, administering or advertising scholarships and other opportunities offered by third parties based on race or crafting admissions essay prompts to require applicants to disclose their race are not allowed and

Violating the law does not solely depend on whether a school uses specific terminology while urging schools not to veil discriminatory policies with vague terms.

AACOM will monitor enforcement of the DCL, including expected updates to the FAQs, and provide resources to the osteopathic medical education (OME) community as needed. View our analysis. If you have questions or comments, please contact aacomgr@aacom.org.