New Department of Education Notice Raises Questions for TRIO Programs—COE Is Reviewing Implications
December 19, 2025 — by Kimberly Jones
Friday, December 19, 2025, the Department of Education (ED) sent a notice to all Higher Education Program grantees asserting its agreement with the Department of Justice (DOJ)’s Office of Legal Counsel’s opinion that “using race quotas and preferences to determine eligibility for federal education funding programs is unconstitutional.” In its notice, the Department listed TRIO Ronald E. McNair Postbaccalaureate Achievement and Student Support Services among the “affected programs” and stated that the agency will provide more information at a later date.
COE is closely reviewing both the ED notice and the DOJ opinion and working to better understand the Department of Education’s interpretation and its potential implications. It is important to note that the underlying opinion from the Department of Justice found that “McNair and Student Support Services programs are constitutionally administrable and that the Department may expend funds appropriated for these programs consistent with this opinion.” Therefore, do not let this notice distract us from continuing our critical work of ensuring educational opportunity for low-income, first-generation students.
COE will alert the community as to the next steps we must take as we continue to support our students and programs.
Get in Touch
Questions? Contact COE Vice President for Public Policy Diane Shust.
Diane Shust
Vice President, Public Policy [email protected]
Christian Bell
Public Policy Associate
[email protected]
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