In its missive interpreting the Supreme Court’s SFFA decision as a blanket ban on all DEI initiatives, the Acting Head of the DOE’s Civil Rights Division warns that eliminating standardized testing to increase racial diversity would violate the law. In our open letter linked below, we take issue with the idea that test optional or test free policies are unlawful under the SFFA decision and ask that colleges adhere to principles of institutional integrity rather than attempting compliance with a flawed and incoherent policy statement in advance.
https://fairtest.org/wp-content/uploads/2025/02/StatementreOCR2-14letter.docx