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Creates a new Office of the Special Inspector General for Unlawful Discrimination in Higher Education within the Department of Education to investigate and review allegations that colleges or universities unlawfully discriminate in admissions, financial aid, or academic programs in violation of the Equal Protection Clause or Title VI. The Special Inspector General is presidentially appointed with Senate confirmation, must report regularly to Congress, may recommend remedies (including loss of federal funds), is authorized $25 million, must protect whistleblower confidentiality, and the office sunsets 12 years after enactment.
21st century elite college admissions acts 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 practices that gave special preferences to applicants based on 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 use application essays or other means to establish the now-unlawful regime.
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.
After the Supreme Court ruling in Students for Fair Admissions, several U.S. colleges and universities issued statements or unveiled new policies that conflict with the letter and spirit of that ruling.
Who is affected and how:
Institutions of higher education: Colleges and universities that receive federal funds will face a new, dedicated federal office that can investigate claims of unlawful race-based discrimination in admissions, financial aid, or academic programs. Investigations and negative findings could lead to formal recommendations for corrective action and potential loss or conditioning of federal funds, increasing compliance and reporting obligations.
Students and applicants: Applicants and enrolled students may see increased scrutiny of admissions and aid practices. Individuals who believe they experienced unlawful discrimination could have a new federal avenue for investigation and redress. Schools may change or pause certain policies while under review.
Department of Education and federal oversight staff: The Department will host and support the SIG office, manage the authorized funding, and respond to SIG recommendations. Agency staff will have new reporting and coordination responsibilities.
Whistleblowers and complainants: The office includes confidentiality protections intended to protect people who report allegations, which may encourage reporting but also require administrative safeguards.
College administrators and legal/compliance teams: Institutions will likely need to expand legal and compliance resources to respond to investigations and to review policies for Title VI/Equal Protection risk.
Overall effects:
Amends Title II of the Department of Education Organization Act by adding a new section establishing the Office of the Special Inspector General for Unlawful Discrimination in Higher Education and specifying the Special Inspector General’s appointment, duties, authorities, personnel provisions, reporting, and confidentiality.
Amends the table of contents in section 1 of the Department of Education Organization Act to insert a new item after the item relating to section 220 corresponding to the newly added special inspector general section.
Amends Part B of title I of the Higher Education Act of 1965 by adding a new provision making an institution of higher education ineligible to receive Federal student assistance or Federal institutional aid under the Act if the Secretary determines the institution engaged in race-based discrimination in admissions, financial aid, or academic programs in violation of the Equal Protection Clause or title VI.
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Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced April 2, 2025 by James E. Banks · Last progress April 2, 2025
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Introduced in Senate