Commissioner Olson Provides Response to Higher Education Leaders Regarding Recent "Dear Colleague" Letter from U.S. DOE

2/25/2025

 

Today, Commissioner Olson sent Minnesota higher education leaders the following response regarding the U.S. Department of Education's recent "Dear Colleague" letter.

Minnesota Higher Education Leaders:

You have likely heard about a Dear Colleague Letter (DCL), distributed by the U.S. Department of Education (ED) on February 14, 2025, that communicated a change in the agency’s interpretation of federal laws prohibiting discrimination based on race, color, or national origin. The Minnesota Office of Higher Education (OHE), along with the Minnesota Department of Education (MDE), and the Office of Attorney General Keith Ellison, is assessing the legal and practical implications of this directive.

Like many of you, we have concerns about the letter’s timing, clarity, and potential impact on Minnesota colleges, academic research, and students. The DCL asserts that diversity, equity, and inclusion, and similar efforts, are at odds with longstanding civil rights law. It also announces that ED will begin assessing programs and activities no later than February 28, 2025, with an intent to withhold federal resources from those deemed not in compliance to this new interpretation of civil rights law.

While the DCL is just that – a letter, which does not carry the full force and effect of law – it has created untenable uncertainty. With that in mind, I’m sharing more information for consideration as you assess what the ambiguity and confusion brought on by the DCL means for your campus:

• The DCL by itself is not a civil rights enforcement action, and in its own footnotes, acknowledges that it “does not have the force and effect of law and does not bind the public or create new legal standards” (DCL, page 1, footnote 3).
• Federal civil rights enforcement is governed by federal regulations that require ED to take specific steps before freezing or stopping funding.
• Minnesota state law, including the Minnesota Human Rights Act, prohibits discrimination or preferential treatment in public education on the basis of race, religion, disability, national origin, gender identity and other identities.

OHE will continue to seek clarity and keep you informed, and as always, we will do so with a focus on upholding your academic freedom, your ability to determine curriculum and course offerings, your right to advance research initiatives, and our shared mission to support every student’s pursuit and completion of a higher education credential.

Thank you for your partnership,

Dennis Olson
Commissioner, Minnesota Office of Higher Education