U.S. Education Department Backs DOJ Opinion Calling Race-Based MSI Grants Unconstitutional  

Washington, D.C. — The U.S. Department of Education says it is evaluating the impact of a new Justice Department legal opinion that questions the constitutionality of several federal higher-education grant programs tied to an institution’s racial or ethnic enrollment, an issue that could affect campus services families often rely on, from student support to research and advising programs. 

In a December 19 statement, Education Secretary Linda McMahon said she agrees with the Office of Legal Counsel’s view that “race quotas and preferences” cannot be used to determine eligibility for federal education funding, and said the department wants to work with Congress on reforms. 

The OLC opinion, issued December 2, analyzed the department’s Minority Serving Institution (MSI) programs and addressed whether any unconstitutional provisions could be separated from underlying statutes, concluding that, with limited exceptions, race-based portions were unconstitutional and often inseverable. 

Federal scrutiny accelerated earlier this year after the U.S. Solicitor General said the Hispanic-Serving Institutions program definition violates the Fifth Amendment’s equal-protection component and the government would not defend it in a lawsuit brought by Students for Fair Admissions and Tennessee. 

The department previously said it would reprogram about $350 million in expected discretionary MSI funding for fiscal 2025 to other programs, while still disbursing about $132 million in mandatory funding that could not be redirected, and it does not plan to claw back previously obligated funds. 

What parents should do now: If your student attends an HSI, PBI, AANAPISI, NASNTI, or other MSI, or uses programs like Student Support Services, check your campus financial aid or student success office for spring term service changes and alternative supports. Updates are expected as the department completes its review.  

This article was produced by an education parenting today journalist with the assistance of AI. This is not legal advice. All content is reviewed for accuracy and fairness.

Source: https://www.ed.gov/about/news/press-release/us-secretary-of-education-linda-mcmahon-statement-office-of-legal-counsels-opinion-constitutionality-of-race-based-higher-education-grant-programs