IMPORTANT: Understanding Federal Changes to DEI in Education
By Tyrone Botelho, Co-founder of CircleUp Education
DISCLAIMER:Â We are not lawyers, and this is not legal advice. The following insights are based on conversations with our school clients as they navigate these federal changes. Our goal is to support schools and organizations in aligning their DEI efforts with federal law while maintaining inclusive, merit-based environments. Schools should seek legal counsel to assess their specific risks and obligations.
A New Federal Approach to End DEI in Schools
Recently, the U.S. Department of Education launched EndDEI.Ed.Gov, a website where individuals can report concerns about discriminatory practices in schools. This initiative is part of a broader federal effort, guided by executive orders, to ensure that Diversity, Equity, and Inclusion (DEI) initiatives align with existing civil rights laws in federally funded educational institutions.
Over the past few months, we have engaged in many conversations with our school clients about what this shift means for them. While every institution's circumstances are unique, we wanted to highlight some of the key topics that have emerged in these discussions. Our intent is to share general considerations—not advice—so that school leaders can think critically about the implications for their own organizations.
How These Reports Could Be Used
One of the main areas of discussion has been how reports submitted to this website may be used by the federal government. While we cannot predict how enforcement will evolve, we have discussed the following potential impacts with our clients:
Compliance Reviews: The Office for Civil Rights (OCR) may use reports to assess whether schools are adhering to federal civil rights laws. Schools that are found to be out of compliance may need to take corrective measures to maintain funding. Schools can refer to Title VI of the Civil Rights Act (https://www.justice.gov/crt/title-vi-civil-rights-act-1964-42-usc-2000d-et-seq) for more context.
Policy Evaluations: Schools may need to review their DEI policies to ensure they promote equal opportunity while also remaining compliant with federal laws. Some institutions have begun proactively auditing their policies to be prepared for potential inquiries.
Shaping Future Regulations: The data collected from reports may inform new federal and state policies regarding DEI implementation. Schools that want to stay ahead of potential policy shifts may consider monitoring legislative updates and staying engaged in ongoing conversations about compliance.
Legal Considerations: Schools may face legal challenges if their DEI programs are interpreted as inconsistent with civil rights laws. Conversations with our clients have included discussions on how admissions, hiring, and training policies may be affected by legal scrutiny.
Public Interest & Transparency: Institutions may experience increased public interest in their DEI-related initiatives. Some schools have considered whether additional transparency—such as making policy documents publicly available—may help build trust with their communities.
What Schools & Educators Have Been Thinking About
Each school’s response to these changes will be different. However, the following are some key considerations that our clients have raised as they assess their unique situations:
District-Level Planning: Some districts are evaluating whether their current DEI programs align with federal law and whether they may need to adjust policies to ensure funding continuity.
School-Level Evaluations: Individual schools may be considering internal reviews of their DEI efforts, faculty training programs, and outreach efforts.
Faculty & Staff Concerns: Educators have expressed interest in learning more about how to navigate conversations about diversity in a way that is both inclusive and aligned with federal requirements.
Proactive Steps Some Schools Are Taking
Based on our conversations, we have seen schools take a variety of steps to prepare for potential changes. Some of these include:
Conducting Internal DEI Compliance Reviews: Some schools are reviewing their policies, training materials, and hiring practices to assess their alignment with federal law.
Consulting Legal Experts: Institutions are seeking legal guidance to ensure compliance while maintaining their values around diversity and inclusion.
Improving Communication Strategies: Some schools are training administrators and staff on how to discuss DEI within legal frameworks and ensure that public statements are aligned with federal guidelines.
Attending DEI Compliance Trainings: Some educators and administrators have chosen to engage in specialized training to ensure they understand the difference between DEI done legally and DEI that may be viewed as problematic.
Staying Informed on Policy Changes: Schools are keeping an eye on updates from the Department of Education (https://www.ed.gov/) and the Office for Civil Rights (https://www2.ed.gov/about/offices/list/ocr/index.html) to stay ahead of any new requirements.
We can Help
At CircleUp Education, our goal is to help schools foster legally sound, inclusive environments that promote opportunity for all individuals based on merit and fairness. While we do not provide legal guidance, we do support organizations in understanding how to implement DEI in ways that align with both their values and federal compliance requirements.
To support schools in this process, we offer two new DEI trainings and a specialized consulting service designed to help institutions assess their programs and prepare for the evolving legal landscape:
The Future of DEI – Designed for managers, directors, leaders, DEI committees, task forces, and HR professionals to help navigate the changing landscape.
DEI Uncovered – A program for workplace staff that clarifies key DEI principles, the role of meritocracy, and how to ensure DEI initiatives align with federal law.
DEI Compliance & Equity Risk Management Consulting – A service that helps institutions assess and refine their DEI strategies to balance compliance with their long-term diversity goals.
As schools continue to navigate these changes, we remain committed to providing guidance that helps organizations take an informed, thoughtful approach to DEI. If you have questions about how these changes may impact your school or would like to learn more about our training and consulting services, please reach out.
Stay informed. Stay prepared. Stay compliant.
Contact us at www.circleuped.org for support and guidance.
Visit www.circleuped.org/future-of-dei-training-consulting for Discrimination-free DEI Training and Consulting solutions for schools, businesses and municipalities.