Biden administration releases diversity guidance for universities after Supreme Court’s affirmative action ban

The Biden administration released guidance Monday for universities on how to maintain diversity in their institutions after the Supreme Court ruled colleges can’t use race as a factor in admissions. 

The departments of Education and Justice sent a letter and a “questions and answers” sheet to outline what the decision said and what steps are legal for universities to take to fulfill their commitment to diversity without explicitly using race as a deciding factor. 

The high court ruled in June that universities could not use race as a factor in admissions but also stated: “nothing in [its] opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise.”

“Following the Supreme Court’s recent decision, the President and Vice President called on colleges, universities, and other stakeholders to seize the opportunity to expand access to educational opportunity for all students and to build diverse student bodies, including by recognizing and valuing students who have overcome adversity,” the letter to the universities stated. 

In the question and answer sheet, the Biden administration emphasized that while schools could not consider the race of a student itself as a deciding factor, colleges can take into account how race has affected a student’s life and their experiences with racial discrimination in college essays. 

“For example, a university could consider an applicant’s explanation about what it means to him to be the first Black violinist in his city’s youth orchestra or an applicant’s account of overcoming prejudice when she transferred to a rural high school where she was the only student of South Asian descent. An institution could likewise consider a guidance counselor or other recommender’s description of how an applicant conquered her feelings of isolation as a Latina student at an overwhelmingly white high school to join the debate team,” the letter says. 

Other ways the Biden administration is urging colleges to diversify is by recruiting in areas with underserved students and ensuring need-based financial support to students who may not be able to afford their institutions. 

After the ruling, many institutions released statements that they intend to comply with the law while also recommitting to their diversity efforts. However, most schools did not provide concrete steps they will take to fulfill that goal. 

One step some universities have taken so far is eliminating their legacy admissions — the practice of giving preference to students of alumni in admissions — which benefits rich and white students. 

“For example, in seeking a diverse student applicant pool, institutions may direct outreach and recruitment efforts toward schools and school districts that serve predominantly students of color and students of limited financial means,” according to the question and answer sheet.