Oregon Department of Education Responds to Federal Policy Memo on Race-Based Programs

By Rebecca Wallis

February 19, 2025

Oregon has long been a national leader in pushing for educational equity, but with the Trump Administration’s U.S. Department of Education issuing a directive clarifying that race-based programs violate federal law, the state’s deeply embedded race-based policies may soon face legal challenges. At the center of this issue are Oregon Revised Statutes 329.841, 329.843, 329.845, 329.847, and 329.849, which mandate statewide education plans specifically for students of certain racial or gender identity groups. While framed as efforts to close achievement gaps, these laws explicitly separate students by race and identity, raising questions about compliance with federal civil rights law.

Oregon’s education system includes a series of statewide plans designed to support specific demographic groups. ORS 329.841 requires the Oregon Department of Education to develop and implement a statewide education plan exclusively for Black and African American students, including targeted funding, advisory groups, and policy changes that apply only to that racial group. ORS 329.843 establishes a similar plan for American Indian and Alaska Native students, again directing funding and policy changes based specifically on racial identity. ORS 329.845 expands these policies to Latino and Hispanic students, ensuring race-based education grants and specialized programs for students of Mexican, Cuban, Puerto Rican, South American, Central American, or Spanish descent.

Beyond race-based programs, Oregon has extended similar policies to gender identity and ethnicity. ORS 329.847 mandates a statewide education plan for students who are of a minority gender identity or sexual orientation, creating an advisory group and granting funds to support LGBTQ+ students in K-12 and higher education. ORS 329.849 establishes a separate plan for students who are Native Hawaiian or Pacific Islander, further expanding state-backed identity-based education policies. While these programs were developed with the stated goal of increasing equity in education, they have effectively institutionalized identity-based separation by deciding eligibility for educational benefits, grants, and specialized programs based on race, ethnicity, or gender identity. The federal government has now signaled that such programs may violate civil rights laws.

On February 14, 2025, the U.S. Department of Education issued a “Dear Colleague” letter reaffirming that race-based educational programs are illegal under Title VI of the Civil Rights Act of 1964. The letter referenced the 2023 Supreme Court ruling in Students for Fair Admissions v. Harvard, which struck down affirmative action policies in college admissions, and made clear that the decision applies broadly to all race-based considerations in education. The letter stated that federal law prohibits schools from using race in decisions regarding admissions, hiring, promotion, financial aid, scholarships, discipline, and student life. It warned that any school district, college, or program that continues to use race as a determining factor risks losing federal funding. This puts Oregon’s Department of Education, which administers its race- and identity-based student plans under ORS 329.841, ORS 329.843, ORS 329.845, ORS 329.847, and ORS 329.849, at potential risk of violating federal law.

The Oregon Department of Education has acknowledged the federal directive but has not clarified whether it will comply. In response to an inquiry, ODE Public Affairs Specialist Peter J. Rudy issued the following statement:

“ODE is actively assessing all executive orders that have been introduced and their potential impacts on Oregon. ODE remains committed to making sure students have the tools and resources to thrive, to continue our vision for serving each and every scholar receiving education in Oregon.”

The statement does not indicate whether ODE will modify or eliminate its race- and identity-based policies to comply with the new federal guidance. For now, Oregon appears to be taking a wait-and-see approach as the legal and political landscape continues to shift.

Meanwhile, Oregon State University has issued its own response to federal scrutiny over DEI policies. In a university-wide email on February 17, 2025, OSU reaffirmed its commitment to “inclusive excellence” while maintaining that its programs remain compliant with state and federal laws, including Title VI of the Civil Rights Act of 1964. The statement, signed by Rob Odom, Vice President of University Relations and Marketing, emphasized that OSU does not make admissions, hiring, promotion, financial aid, housing, or disciplinary decisions based on race, color, or national origin. The university also assured that OSU-sponsored affinity groups, scholarships, cultural centers, and graduation celebrations are open to all members of the community, regardless of background.

OSU officials stated that their legal team, in coordination with the Office of General Counsel, the Office of Equal Opportunity and Access, and the Office of Institutional Diversity, carefully reviewed the recent guidance from the U.S. Department of Education and determined that OSU’s programs and curricula remain fully compliant. The statement acknowledged the need to meet students and communities “where they are” while maintaining the university’s long-standing mission of access and opportunity.

Oregon’s race-based and identity-based education policies have been in place for years, but with this new federal directive, the state faces a highly controversial choice. It can continue implementing its student programs based on race and gender identity and risk losing federal funding, or it can revise these laws to ensure compliance by shifting to race-neutral and identity-neutral criteria such as socioeconomic status or at-risk factors. If Oregon schools persist in applying policies that explicitly treat students differently based on race, ethnicity, or gender identity, they may face civil rights complaints, federal investigations, and potential legal challenges. The state has not yet indicated a plan of action, and legal experts predict that this issue could soon be the subject of lawsuits or further federal enforcement actions.

The federal directive is already having an impact beyond Oregon. Sacred Heart University in Connecticut recently lost a $3.38 million federal grant for its teacher residency program, which was designed to recruit teachers of color for high-need areas. The funding cut reflects the federal government’s intensified scrutiny of diversity, equity, and inclusion (DEI) programs, which it claims can be discriminatory in practice. Additionally, the Department of Government Efficiency and the Department of Education have warned state education departments that failure to cut all DEI programs within 14 days could result in the revocation of federal funding. The federal government is now actively enforcing the Supreme Court’s ruling against racial preferences in college admissions and extending that interpretation to all aspects of public education.

For years, Oregon has run on the assumption that race and identity-based policies were the best way to ensure equity in education. But with federal law now in direct conflict with these programs, the state may have to rethink its approach or face serious financial and legal consequences. Will Oregon stand by its education policies and challenge the federal government, or will it be forced to rewrite its laws to comply with federal civil rights regulations as defined by the Trump administration? The answer may come soon, as legal battles and federal enforcement actions loom on the horizon.

References – added for ease of fact checking.

• U.S. Department of Education, “Dear Colleague” letter, February 14, 2025.
• Oregon Revised Statutes 329.841, 329.843, 329.845, 329.847, and 329.849.
• Supreme Court ruling: Students for Fair Admissions v. Harvard (2023).
• Oregon Department of Education statement from Peter J. Rudy, February 2025.
• Oregon State University, “OSU’s Enduring Commitment to Inclusive Excellence,” February 17, 2025 (registrar.oregonstate.edu).
• Connecticut Insider, “Sacred Heart University loses $3.38M grant due to federal DEI cuts,” February 2025 (ctinsider.com).
• Politico, “Federal agencies warn states over DEI education programs,” February 2025 (politico.com).

Photo Credit: Yamhill County News