02.20.25

Scott Statement on Trump’s Radical Reinterpretation of Title VI of the Civil Rights Act

WASHINGTONRanking Member Robert C. “Bobby” Scott (VA-03), House Committee on Education and Workforce, released the following statement after President Trump’s Department of Education released a Dear Colleague threatening to withhold funding from schools for common practices beyond what the Supreme Court has considered.

“In Brown v. Board of Education, the Supreme Court decided that ‘separate but equal’ had no place in our school system.  While the decision was lauded as a victory to right constitutional wrongs, the massive resistance movement that followed slowed efforts to eradicate decades of legal segregation.  Similarly, in the wake of the Students for Fair Admissions (SFFA) v. President and Fellows of Harvard College decision, conservatives have gone to extremes to interpret the law in ways the Supreme Court never considered.

“Race-conscious admissions policies were designed to counterbalance factors, including standardized tests and legacy and developmental admits,that prevent students of color and those in poorer school districts from thriving.  Although the Court struck down race conscious admissions through affirmative action, the SFFA ruling only limited the consideration of race in college admissions programs –  not other practices aimed at ensuring that students from diverse backgrounds feel included and part of the campus culture.  In fact, the Supreme Court recognized there were cases where consideration of race was still constitutional.  Specifically, the Court explicitly mentioning the U.S. Service Academies as an environment where a compelling governmental interest could necessitate racial considerations.

“President Trump’s broad directive to withhold already-allocated funding from public schools and universities if they participate in activities that promotes diverse, inclusive, and safe campus environments is an ill-advised and far-reaching interpretation of the SFFA ruling. It is already being challenged in Courts.  If the Dear Colleague issued by the Department actually carried the force of law, I’m sure it would be challenged as well.

“Moving forward, schools must continue to ensure that the opportunity of education is a right made available to all on equal terms. Students and parents deserve nothing less than the right to an equitable, inclusive, and well-rounded education.”

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