INDIANA – The Biden administration is releasing new guidance and “legal resources” for colleges and universities in response to the Supreme Court’s decision to gut affirmative action in college admissions.
“This is a moment of great urgency in higher education,” Secretary of Education Miguel Cardona said Monday. He criticized the court’s ruling for taking away “a tool that colleges have used for decades to build diverse campus communities.”
The new guidance explains colleges and universities are allowed to consider how race has impacted a student’s life, but they are not allowed to use demographic data to influence their admissions decisions. It also includes additional steps institutions can take to increase diversity in a student body, such as conducting targeted outreach and recruitment in underserved communities.
An official with the Department of Education explained the guidance was “explicit” that admissions officers “are not, by the court’s decision, prevented from learning an individual applicant’s race.”
It also includes other steps institutions can take to increase diversity in a student body. For example, institutions can conduct targeted outreach and recruitment in underserved communities. They can also collect and consider demographic data – even if their admissions decisions cannot be influenced by that data – and can run programs to “support the retention and success of students of diverse backgrounds.”
“Remember,” Cardona said, “nothing in the court’s decision denied the value of diversity and education.”
While the decision “changes the landscape for admissions in higher education, it should not be used as an excuse to turn away from long-standing efforts to make those institutions more inclusive.”
The Department of Education also plans to issue a comprehensive report later this year on the “most effective and promising strategies for colleges to lawfully cultivate diverse applicant pools and achieve diverse student bodies,” Cardona added.
