Education Department launches investigation into Louisiana’s ‘race-based’ higher education budget

The Department of Education on Friday said it launched a federal civil rights investigation into the Louisiana Board of Regents over its prioritization of non-white students in its higher education planning. 

The inquiry by the Education Department’s Office for Civil Rights focuses on performance objectives embedded in the board’s executive budget documents for fiscal 2021-22 and fiscal 2025-26, according to a news release. 

“This is unacceptable. We will uphold fairness and equal opportunity for students,” ED Secretary Linda McMahon said in a Truth Social post. 

In its budget, the board lists “increase the unduplicated number of underrepresented minorities (all races other than white, Asian, non-residents & unknown/not reported) completers in a given academic year,” as one of its objectives for fiscal 2025-26. A similar objective appears in the 2021-22 budget. 

Assistant Secretary for Civil Rights Kimberly Richey said the objectives violate American laws and principles. “The Louisiana Board of Regents’ objective to prioritize recruitment and graduation efforts for ‘all races other than white [and] Asian’ appears to blatantly violate not only America’s antidiscrimination laws, but our nation’s core principles,” she said. 

Richey said the OCR will investigate whether the board’s plan violates Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs receiving federal assistance. 

Chris Yandle, a spokesman for the Board of Regents, said in a statement to the Washington Examiner that the organization is aware of the investigation. 

“We received the U.S. Department of Education’s letter today. We will provide all requested information as it relates to our Master Plan and the state budget,” Yandle said. “We are committed to being aligned with Governor Landry’s and President Trump’s administrations.”

The Board of Regents is a 15-member, governor-appointed state body that plans, sets policy, and coordinates the state’s public postsecondary institutions, including universities and community colleges. Its Master Plan for Higher Education outlines statewide goals for enrollment, degree attainment, and economic alignment.

Five of the 15 members of the board were appointed by Gov. Jeff Landry (R-LA), who is serving as President Donald Trump’s special envoy to Greenland. Two additional members were reappointed by Landry. The board also includes a 16th student board member, elected by the council of student body presidents. 

DOJ SUES HARVARD OVER ACCESS TO RACE-BASED ADMISSIONS DOCUMENTS

The ED investigation adds to a broader federal effort to scrutinize race-based policies in higher education. In recent months, the ED and the Department of Justice have questioned race-linked eligibility criteria in federal grant programs and argued that institutional funding that prioritizes or serves certain races over others may be unconstitutional.

A December 2025 legal opinion from the DOJ concluded that several federal grant programs with racial criteria are unlawful under current constitutional standards and directed changes in how those funds are administered.

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