When considering a student's eligibility and need for Gifted Education, has the use of quotas come to an end?
https://www.ed.gov/media/document/dear-colleague-letter-sffa-v-harvard-109506.pdfBrief Excerpt of the 4-page letter:
"This letter explains and reiterates existing legal requirements under Title VI of the Civil Rights Act of 1964, the Equal Protection Clause of the United States Constitution, and other relevant authorities."
...
"Educational institutions have toxically indoctrinated students with the false premise that the United States is built upon “systemic and structural racism” and advanced discriminatory policies and practices. Proponents of these discriminatory practices have attempted to further justify them—particularly during the last four years—under the banner of “diversity, equity, and inclusion” (“DEI”), smuggling racial stereotypes and explicit race-consciousness into everyday training, programming, and discipline.
But under any banner, discrimination on the basis of race, color, or national origin is, has been, and will continue to be illegal.
The Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard (SFFA), which clarified that the use of racial preferences in college admissions is unlawful, sets forth a framework for evaluating the use of race by state actors and entities covered by Title VI. The Court explained that “[c]lassifying and assigning students based on their race” is lawful only if it satisfies “strict scrutiny,” which means that any use of race must be narrowly tailored—that is, “necessary”—to achieve a compelling interest. To date, the Supreme Court has recognized only two interests as compelling in the context of race-based action: (1) “remediating specific, identified instances of past discrimination that violated the Constitution or a statute”; and (2) “avoiding imminent and serious risks to human safety in prisons, such as a race riot.” Nebulous concepts like racial balancing and diversity are not compelling interests. As the Court explained in SFFA, “an individual’s race may never be used against him” and “may not operate as a stereotype” in governmental decision-making"
