A warning came directly from the US Department of Education to universities in Virginia: end race-based decision-making or lose federal funding.

The new guidance released in February from the DOE clarifies federal policy after  President Trump’s Executive Order entitled Ending Illegal Discrimination and Restoring Merit-Based Opportunity. While legal observers expect the policies to be challenged in the courts, the new official DOE guidance brings federal policy in line with both Trump’s Executive Order and a 2003 Supreme Court decisions which had largely been ignored by the Biden Administration.

In addition to supplemental guidance, the Education Department issued a February 14 letter giving schools 14 days to end both race-based admissions and a slew of other common university practices including racial preferences in financial aid, cultural events, and segregated graduation services.

“At its core, the test is simple: If an educational institution treats a person of one race differently than it treats another person because of that person’s race, the educational institution violates the law,” said Craig Trainor, Education Department acting assistant secretary for Civil Rights.

“Virginia’s Department of Education is currently reviewing all of its programs to ensure full compliance with federal laws and to foster an educational environment for all students that is free from discrimination, as outlined in the letter and additional guidance from the U.S. Department of Education,” said Christian Martinez, a spokesman for Governor Glenn Youngkin.

Youngkin has already signed legislation promoting equality in Virginia university admissions by banning legacy admissions. Universities report little impact on admissions after the passing of the ban.  

New federal guidance allows schools to “credit what is unique about the individual in overcoming adversity or hardship but never the person’s race” and cautions against attempts to circumvent guidance by asking essay questions that encourage applicants to disclose race.

The wiping away of race-based federal education preferences was hailed by some activists as a victory for Asian Americans who studies show are disproportionately denied admission to higher profile universities. A 2009 study showed that Asian Americans students had to have SAT scores more than 450 points higher than African Americans to have the same chance at admissions for elite colleges.

Virginia K-12 schools receive about 12% of their funding from the federal government. Federal funds for universities include both direct grants and support for students such as Pell Grants.

Youngkin says he expects Virginia colleges to comply with the federal order.