The Biden administration has released new guidance to colleges on how to achieve a diverse student body following the Supreme Court’s ruling on affirmative action. The U.S. Department of Education outlined what policies and practices are still legal after the Court decided that considering race in college admissions violates the Equal Protection Clause of the U.S. Constitution and the Civil Rights Act of 1964. The resources provided by the administration aim to provide clarity and expand access to educational opportunities for all students.
The ruling by the Supreme Court was seen as a significant setback for efforts to increase minority enrollment at American universities through race-conscious admissions policies. As a result, colleges are expected to place more emphasis on students’ household income and regional background to diversify their student bodies. Standardized test scores may be given less importance or even eliminated altogether, as studies have shown that they contribute to racial gaps. However, colleges can still consider personal essays that discuss the impact of race on students’ lives, as long as it does not establish an unlawful admissions regime.
The Education Department plans to release a report next month with additional details on how colleges can consider other measures of adversity, such as financial means, upbringing, personal experiences of hardship, and racial discrimination in admissions decisions. Colleges are likely to add questions related to these factors to their applications. Additionally, the policy of granting preferential treatment to legacy students is also under scrutiny and may be discontinued in light of the Supreme Court’s ruling on affirmative action.
