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Under the Trump administration, efforts to address deep-rooted inequities for students of color are being cast as discriminatory against white students.
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Programs that have long withstood legal scrutiny are now being deemed 'illegal DEI'—diversity, equity and inclusion—by the White House.
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Schools that do not comply with the Trump administration’s position on DEI programs have faced threats to their funding, and in some cases, lost federal grants.
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The U.S. government has opened investigations or joined litigation over a wide range of efforts to address racial inequality.
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The Justice Department is investigating programs to increase the number of teachers of color in Rhode Island and Iowa.
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Grants to school districts to train teachers or recruit school mental health workers have been discontinued for mentions of diversity in recruitment.
Michael Pillera, director of educational equity issues at the Lawyers’ Committee for Civil Rights Under Law
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"It’s literally flipping the purpose of civil rights law on its head, not just harming Black students and students of color, but entire school communities," said Michael Pillera, director of educational equity issues at the Lawyers’ Committee for Civil Rights Under Law.
Michael Pillera, director of educational equity issues at the Lawyers’ Committee for Civil Rights Under Law
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"It’s unmoored from the actual history of our country and untethered to the reality of life in this country," said Michael Pillera.
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The Education Department said programs receiving federal funding must follow the law, which prohibits discrimination based on race.
Amelia Joy, department spokesperson
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"Serving student needs and following the law are not irreconcilable mandates. Advocates and educators have no reason to stress if they abide by the law," said Amelia Joy, a department spokesperson.
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The Trump administration investigated Chicago Public Schools and withheld more than $20 million when the district refused to end its Black Student Success Program.
Relevance: supporting · Type: background
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The Chicago Public Schools Black Student Success Program aims to increase access to advanced coursework for Black students and reduce overly harsh discipline.
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Confidence95%
Los Angeles Unified School District created the Black Student Achievement Plan after student activism following the 2020 murder of George Floyd in Minneapolis.
Relevance: supporting · Type: background
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The Black Student Achievement Plan supports schools with extra teachers, counselors, and curriculum in Black history.
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Initially, the Los Angeles Unified School District chose schools for the Black Student Achievement Plan partially based on the number of Black students enrolled.
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In 2023, Defending Education, a Virginia-based conservative group, filed a complaint to the Education Department alleging discrimination against non-Black students in the Los Angeles Unified School District’s Black Student Achievement Plan.
Relevance: supporting · Type: action
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The Los Angeles Unified School District said it would no longer consider Black enrollment and instead focus solely on metrics like high absenteeism and low test scores, emphasizing that all students could take part.
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After the changes, the Education Department in 2024 said it saw no evidence of a violation.
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When Defending Education filed its complaint again in 2026, the Education Department’s Office for Civil Rights launched an investigation.
Sarah Parshall Perry, senior legal fellow at Defending Education
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"Our goal is not to make LA Unified a target, but rather to make sure that when people say that they are eliminating racially discriminatory aspects of programs, that they’re actually making good on their word," said Sarah Parshall Perry, senior legal fellow at Defending Education.
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Los Angeles Unified School District said its programs are aligned with state and federal laws and are open to all students.
Makeda Walker-Deen, junior at Dorsey High School
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"I think that the things a lot of critics are saying are so unreasonable," said Makeda Walker-Deen, a junior at Dorsey High School. "They’re saying that a program that’s meant to help Black students, other students of color, is discriminatory. We’ve been discriminated against in school systems basically our entire lives."
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Confidence95%
In recent state testing, Black students in the Los Angeles Unified School District outperformed the average Black student in California.
Tyrone Howard, education professor at UCLA
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"When you provide teachers and school personnel with knowledge and skills to help your lowest performing students, everyone wins," said Tyrone Howard, an education professor at UCLA who consulted on the Black Student Achievement Plan.
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The Justice Department has released school districts from court-ordered desegregation plans dating back to the Civil Rights Movement, describing them as outdated and burdensome.
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The Education Department has stripped funding from some districts that used it to create magnet schools intended to be more diverse.
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The Trump administration has repeatedly cited a broad interpretation of the Supreme Court’s 2023 ruling on affirmative action, which prevented colleges and universities from directly considering race in admissions.
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The Trump administration notified schools last winter that any differential consideration based on race was unconstitutional.
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A federal court struck down the Trump administration’s guidance on race-based considerations in schools last year.
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In the 1970s, courts ordered the Los Angeles Unified School District to address the harms of its segregated schools.
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The Los Angeles Unified School District’s magnet schools and a special designation for “Predominantly Hispanic, Black, Asian or Other Non-Anglo” (PHBAO) schools were part of court-ordered remedies for segregation.
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The PHBAO program offers smaller class sizes and additional parent-teacher conferences when 70% of the students zoned for that school are students of color.
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The vast majority of Los Angeles Unified School District schools qualify for the PHBAO program.
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The Equal Protection Project filed a complaint with the Justice Department’s Assistant Attorney General for Civil Rights Harmeet Dhillon, alleging that CUNY’s Black Male Initiative discriminates against women and white students.
William Jacobson, president and founder of the Equal Protection Project
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"It’s not a difficult case – CUNY explicitly is recruiting based on race and ethnicity and preferring certain racial and ethnic groups over others," said William Jacobson, president and founder of the Equal Protection Project.
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In 2012, the Obama Department of Education determined that CUNY’s Black Male Initiative was consistent with federal law.
William Jacobson, president and founder of the Equal Protection Project
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"The discrimination in the program should have been stopped almost 15 years ago," said William Jacobson. "Only a legally ridiculous 2012 decision by the Obama Department of Education allowed the discrimination to continue. It is time for DOJ to correct this injustice."
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The mission of the Black Male Initiative is to bolster the enrollment, retention, grade point average, and graduation rates of minority male students in 22 senior and community colleges within the CUNY system.
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The Black Male Initiative has been in place for 20 years.
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In its complaint, the Equal Protection Project claims the Black Male Initiative also violates state and city anti-discrimination laws.
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New York’s lawmakers have allocated millions of dollars over the years to fund the Black Male Initiative.
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CUNY defended the Black Male Initiative as legal and appropriate.
CUNY spokesperson
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"For 21 years the CUNY Black Male Initiative has focused on improving the educational success of underrepresented students and is open to all students regardless of race, gender or national origin," said a CUNY spokesperson.
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The Equal Protection Project admitted in its complaint that the Black Male Initiative has educational benefits, but argued they should be applied to all students who need assistance regardless of race, color, or ethnicity.
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"However, BMI’s goals, programming, and promotional materials repeatedly identify favored racial and ethnic groups and communicate that the program is intended for those groups," the Equal Protection Project’s complaint said.
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"If CUNY had a ‘White Male Initiative’ structured similarly to BMI such race-based recruiting would not be tolerated much less funded and promoted. It is up to DOJ to ensure that the civil rights laws are enforced in a race-neutral manner," the complaint said.
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The Equal Protection Project has filed cases against more than 120 institutions challenging over 550 discriminatory scholarships and programs.
Relevance: primary · Type: background
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President Trump opposes race- or ethnicity-based educational policies, often referred to as diversity, equity and inclusion, or DEI.
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