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Amends the table of contents in section 1 of the Department of Education Organization Act by inserting a new item after the item relating to section 220.
Adds a new provision (designated as section 124) to Part B of title I of the Higher Education Act of 1965 making institutions of higher education ineligible to receive Federal student assistance or Federal institutional aid under the Act if the Secretary determines the institution discriminated on the basis of race in violation of the Equal Protection Clause or title VI.
Creates a new Office of the Special Inspector General for Unlawful Discrimination in Higher Education inside the Department of Education. It investigates allegations that colleges or their policies discriminate based on race in violation of the Equal Protection Clause or Title VI, protects tipsters’ identities, and reports findings to Congress every quarter. The Special Inspector General is appointed by the President and confirmed by the Senate. The office can recommend actions, including whether a school should remain eligible for federal student aid. It is authorized $25 million, must keep submitters’ information confidential, and will end 12 years after enactment.
Elite college admissions in the 21st century function as the Nation’s sorting machine for prestige and opportunity, allocating a limited number of valuable credentials.
For decades, United States colleges and universities adopted admissions policies and practices that rendered special preferences to applicants on the basis of race.
In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 143 S. Ct. 2141 (2023), the Supreme Court found race-based admissions policies violate the Equal Protection Clause of the 14th Amendment and held that "universities may not simply establish through application essays or other means the regime we hold unlawful today."
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibits entities that receive Federal funding from discriminating based on race.
Following the Court’s ruling, several United States colleges and universities issued statements or unveiled new policies at odds with the letter and spirit of the ruling.
Institutions of higher education face new, focused federal scrutiny of admissions and other policies that may involve race. Schools may need to review, adjust, and document compliance practices, respond to investigations, and address recommendations that could affect eligibility for federal student aid.
Students and applicants could see admissions policies change to align with federal civil rights requirements, with added federal oversight intended to prevent race-based discrimination. The Department of Education will stand up and staff a new office, manage confidential submissions, and produce quarterly reports for Congress. Taxpayers fund the office ($25 million), and the wider public may see greater transparency around how colleges comply with Title VI and constitutional standards.
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Referred to the House Committee on Education and Workforce.
Introduced April 1, 2025 by David J. Taylor · Last progress April 1, 2025
Referred to the House Committee on Education and Workforce.
Introduced in House