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Deadline on letter telling schools to end use of race passes, as actual changes are unclear

Ann Doss Helms
/
WFAE

Friday marked the deadline for schools across the country to end race-based decision-making or risk losing federal funding, at least according to a sent from the Department of Education earlier this month.

The so-called letter warned that schools across the country could lose federal funding unless they stop using race in admissions, hiring and 鈥渁ll other aspects of student, academic and campus life.鈥

The department didn鈥檛 respond to a request from WFAE on Friday about whether it had started any enforcement against schools.

In sent out last week, state Superintendent Mo Green urged schools against 鈥渙verreacting."

"Your core responsibility remains the same: Treat all students and staff fairly," Green wrote.

He urged schools to consult with legal teams and ensure that policies comply with existing law and that programs meant to help address barriers are "open to all students who need them."

Green's message suggested schools provide 鈥渆xtra care and documentation鈥 when making decisions on hiring and promotions, student placement and discipline to show the reasons why a particular decision was made.

Green pointed to a footnote in the letter that says it "does not have the force and effect of law and does not bind the public or create new legal standards."

He noted courts have long-held schools can't make policies based on race unless the goal is to correct clear and documented discrimination. In light of that, Green said schools should stay focused on ensuring fairness, removing barriers to opportunity and making decisions based on 鈥渕erit and need.鈥

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James Farrell is WFAE's education reporter. Farrell has served as a reporter for several print publications in Buffalo, N.Y., and weekend anchor at WBFO Buffalo Toronto Public Media. Most recently he has served as a breaking news reporter for Forbes.
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