2023 RECAP Education
2023 Recap
SCOTUS Severely Limited Affirmative Action Admissions in Education In a pair of blockbuster decisions released in June, the Supreme Court restricted higher educational institutions from using race or ethnicity as part of their admissions process, curbing the practice of using affirmative action principles during admissions for schools across the country. The decision has forced admissions teams to rethink and rework a decades-old approach that had become interwoven into the day-to-day practices of many colleges and universities – not to mention K-12 schools. DEI Guidance Issued for Colleges and Universities Colleges and universities can still take steps to foster diverse and inclusive campuses — even after the Supreme Court’s decision limiting race-conscious admissions in education. In fact, the Department of Education (DOE) issued a “Dear Colleague” letter and Q&As in August to help colleges and universities understand the SCOTUS ruling as they continue to pursue racially diverse campuses “that include students with a range of viewpoints, talents, backgrounds, and experience.” Private and Independent Schools Prepared for Uptick in Lawsuits Seeing the barrage of lawsuits following the SCOTUS decision on race-conscious admissions in higher education left many in K-12 independent and private school leaders scratching their heads. While there aren’t any silver bullets or magic potions to ensure these schools won’t get sued – in fact, few bright lines exist – there are key actions schools can take to help mitigate the risk.
Jennifer Carroll Partner Ft. Lauderdale jcarroll@fisherphillips.com
Kristin Smith Partner Houston klsmith@fisherphillips.com
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