Last week, the Bush Administration informed members of Congress that it plans to publicly announce its stance on the legality of scholarships exclusively available to certain races within a few weeks. In response, a House committee decided to wait for the ruling instead of taking preemptive action to establish their legality.
In a letter addressed to members of the House Education and Labor Committee, officials from the Education Department stated that they will make a decision in early November regarding whether scholarships designed solely for minority students are in violation of Title VI of the Civil Rights Act of 1964. This act prohibits discrimination based on race, national origin, and sex.
Secretary of Education Lamar Alexander initiated a review of this issue after Michael L. Williams, the department’s assistant secretary for civil rights, caused controversy in December by stating that scholarships based solely on race were illegal. The education community strongly disagrees with Williams’s legal interpretation. Educators argue that denying minorities access to special scholarship programs would send a negative message to underrepresented students in higher education.
Opinions differ regarding the previous policy of the department. Supporters and opponents of race-exclusive scholarship programs can refer to various Office for Civil Rights opinions both confirming and disallowing them. Some members of Congress aim to establish the legality of minority scholarships through legislation. However, a House committee chairman managed to convince his colleagues to await Alexander’s ruling.
While working on legislation to renew the Higher Education Act, Representative Craig Washington, a Democrat from Texas, attempted to attach an amendment affirming the legality of race-exclusive scholarships if used by higher education institutions to promote diversity. Washington believes such scholarships currently violate civil rights laws and believes Congress should take a proactive stance on the matter. He mentioned that the amendment could be removed if Alexander arrives at a different legal conclusion. The amendment was rejected with a vote of 21 to 10, largely due to the opposition of Representative William D. Ford, the Michigan Democrat who chairs the committee. Some Democrats, particularly minority members of the panel, seemed to vote against the amendment reluctantly.
Ford, who has expressed support for race-based scholarships, argued that by accepting Washington’s amendment, the committee would be endorsing his legal interpretation, possibly putting the Higher Education Act at risk legislatively due to the sensitivity of the issue. He also pointed out that many minority scholarships were established for reasons other than promoting diversity. Ford stated, "You and Mr. Williams are the only lawyers in this town bold enough to say that [these scholarships] violate the Civil Rights Act of 1964," addressing Mr. Washington directly.