Department of Education clarifies school DEI guidelines, saying Black History Month doesn't violate order

The Department of Education clarified that observances such as Black History Month are not in violation of an order warning state education departments that they must remove diversity, equity and inclusion (DEI) policies or risk losing federal funding. 

The guidance came after the Department of Education Office for Civil Rights sent a letter to the departments of education in all 50 states in mid-February notifying them of a Feb. 28 deadline to comply with the order. 

"Title VI prohibits recipients of federal funding from discriminating on the basis of race, color, or national origin," the guidance reads, adding "Schools may not operate policies or programs under any name that treat students differently based on race, engage in racial stereotyping, or create hostile environments for students of particular races. 

"For example, schools with programs focused on interests in particular cultures, heritages, and areas of the world would not in and of themselves violate Title VI, assuming they are open to all students regardless of race," the guidance continued. "Nor would educational, cultural, or historical observances – such as Black History Month, International Holocaust Remembrance Day, or similar events – that celebrate or recognize historical events and contributions, and promote awareness, so long as they do not engage in racial exclusion or discrimination." 

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U.S. Secretary of Housing and Urban Development Eric Scott Turner, center, speaks next to President Donald Trump, left, and Tiger Woods during a reception honoring Black History Month in the East Room of the White House on Feb. 20. (Reuters/Kent Nishimura)

"Whether a policy or program violates Title VI does not depend on the use of specific terminology such as ‘diversity,’ ‘equity,’ or ‘inclusion,’" the guidance, dated Feb. 28, also said. 

The letter in February from Craig Trainor, the acting assistant secretary for civil rights in the Department of Education, said, "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."

"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" ("DEI"), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline," he wrote. 

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The U.S. Department of Education headquarters building in Washington, D.C. (J. David Ake/Getty Images)

"All educational institutions are advised to: (1) ensure that their policies and actions comply with existing civil rights law; (2) cease all efforts to circumvent prohibitions on the use of race by relying on proxies or other indirect means to accomplish such ends; and (3) 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," Trainor concluded. "Institutions that fail to comply with federal civil rights law may, consistent with applicable law, face potential loss of federal funding." 

The letter comes after President Donald Trump signed executive orders directing agencies to provide a plan to eliminate federal funding for "illegal and discriminatory treatment and indoctrination in K-12 schools, including based on gender ideology and discriminatory equity ideology." He also signed orders to end DEI programs in federal agencies. 

An American flag and a U.S. Department of Education flag fly outside the U.S. Department of Education building in Washington, D.C., on Feb. 1. (Reuters/Annabelle Gordon)

The Department of Education previously announced the removal of mention of DEI from documents and websites. The department also placed employees who led DEI initiatives on leave and dissolved its Diversity & Inclusion Council. 

Fox News’ Landon Mion contributed to this report.

Greg Norman is a reporter at Fox News Digital.