Indiana schools must end 'race-based' programming by Feb. 28 or risk losing federal funding

This week Indiana schools must end race-based policies or risk losing federal funding, according to new federal guidance.

The U.S. Department of Education’s Office for Civil Rights issued a "dear colleague" letter on Feb. 14, warning educational institutions to stop considering race in decisions affecting students. Indiana’s Department of Education shared the guidance last week, telling schools they could lose federal funding if they don’t follow the directive.

The Trump administration letter asserts that the U.S. Supreme Court’s 2023 ruling on affirmative action in college admissions applies broadly to all aspects of education, allowing the department to consider any race-based policy unlawful.

The letter instructs institutions to halt considering race in a long list of decisions, including “financial aid, scholarships, prizes, administrative support, discipline, housing, graduation ceremonies, and all other aspects of student, academic, and campus life."

The federal education department stated it will begin compliance reviews no later than Feb. 28, and institutions found in violation could “face potential loss of federal funding."

The letter also criticizes diversity, equity, and inclusion programs, arguing that they give preference to “certain racial groups and teach students that certain racial groups bear unique moral burdens that others do not."

Braun calls for focus on merit in education policies

Indiana’s education department informed schools of the letter and suggested they “work with its legal counsel to ensure compliance.” The department also emphasized that the letter advises institutions to “cease all reliance on third-party contractors, clearinghouses, or aggregators that are being used by institutions in an effort to circumvent prohibited uses of race”. 

Indiana’s Commision for Higher Education shared a similar message to the state’s colleges and universities.

Gov. Mike Braun, a staunch supporter of President Donald Trump, addressed DEI in the state’s schools during a press briefing Tuesday.

“When it comes down to it, it is going to have to be merit and make sure there are no vestiges of discrimination and bigotry and all the stuff that used to underlie while folks from across the spectrum weren't feeling like they were seeing opportunity,” Braun said. “We'll get there.”

Braun previously issued an executive order eliminating DEI initiatives in government offices. He also closed the Office of the Chief Equity, Inclusion and Opportunity Officer, which was created by former Gov. Eric Holcomb in 2020.

State lawmakers are debating legislation to ban diversity, equity and inclusion in state government and public schools.

Braun reiterated his plan to replace DEI initiatives with merit, excellence and innovation, arguing that an excessive focus on equity results in contrived government outcomes. 

“You can see where that's falling apart,” Braun said.

School districts respond

WFYI asked several school districts, colleges, and universities about how they are responding to the federal guidance. Most schools chose not to comment or did not respond altogether, while some outlined changes or voiced support for existing initiatives.

Indianapolis Public Schools, the state’s largest district, said it is reviewing federal and state directives and seeking legal guidance.

“We will determine if any potential changes to our programs or operations are needed to ensure that we are in compliance with the law,” said Marc Ranford, IPS district spokesman. “IPS remains committed to fostering a safe, inclusive, and welcoming environment for all of our students, ensuring that every child has the support they need to thrive.”

Other Marion County school districts shared similar plans. 

The Metropolitan School District of Wayne Township said they believe in “operating within the law” and will continue to do so, said Jeannine Templeman, spokeswoman for the district.

They also restated the district’s diverse makeup of students. 

“We also believe in the power of belonging, collaboration, and growth for all students and staff,” Templeman wrote. “We educate students from 93 countries who speak 80 languages. And, we intend to continue to meet the needs of all our students and staff while following the law.”

Representatives from the Metropolitan School District of Lawrence Township and Hamilton County's Westfield-Washington Schools said they are reviewing the directives. 

Colleges and universities respond

Ivy Tech Community College is trying to understand the scope of the “dear colleague” letter while reviewing initiatives in light of it to determine if they need adjustments. 

“The college is an open access institution that serves all students,” said Mary Jane Michalak, Ivy Tech’s senior vice president of legal and public affairs. “We have provided education and services to our students based on their individual’s needs, and we will continue to serve all students.”

Earlier this month, Ivy Tech announced it would close its diversity office on March 12, resulting in job losses. The statewide community college system educates more than 66,000 students.

Other universities, including Indiana University, Purdue University and Indiana State University did not respond to requests for comment. Ball State University stated it is reviewing the letter’s potential implications.

What’s next

The Office for Civil Rights will begin assessing compliance on Feb. 28. The letter encourages anyone who believes a school entity that receives federal funding “unlawfully discriminated” to file a complaint with the Office for Civil Rights.

A federal lawsuit filed Tuesday by the American Federation of Teachers and the American Sociological Association challenges the U.S. Department of Education's directive. The groups argue that it violates the First and Fifth Amendments, claiming it imposes vague restrictions that infringe upon free speech and due process rights. They seek to block the enforcement of this policy.

WFYI reporters Zak Cassel, Sydney Dauphinais, Lee V. Gaines, and Dylan Peers McCoy contributed to this story.

Rachel Fradette is the WFYI Statehouse education reporter. Contact Rachel at rfradette@wfyi.org.